Bill C-13 (Historical)

Keeping Canada's Economy and Jobs Growing Act

An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 and other measures

Part 1 of this enactment implements income tax measures and related measures proposed in the 2011 budget. Most notably, it
(a) introduces the family caregiver tax credit for caregivers of infirm dependent relatives;
(b) introduces the children’s arts tax credit of up to $500 per child of eligible fees associated with children’s artistic, cultural, recreational and developmental activities;
(c) introduces a volunteer firefighters tax credit to allow eligible volunteer firefighters to claim a 15% non-refundable tax credit based on an amount of $3,000;
(d) eliminates the rule that limits the number of claimants for the child tax credit to one per domestic establishment;
(e) removes the $10,000 limit on eligible expenses that can be claimed under the medical expense tax credit in respect of a dependent relative;
(f) increases the advance payment threshold for the Canada child tax benefit to $20 per month and for the GST/HST credit to $50 per quarter;
(g) aligns the notification requirements related to marital status changes for an individual who receives the Canada child tax benefit with the notification requirements for the GST/HST credit;
(h) reduces the minimum course-duration requirements for the tuition, education and textbook tax credits, and for educational assistance payments from registered education savings plans, that apply to students enrolled at foreign universities;
(i) allows the tuition tax credit to be claimed for eligible occupational, trade and professional examination fees;
(j) allows the reallocation of assets in registered education savings plans for siblings without incurring tax penalties;
(k) extends to the end of 2013 the temporary accelerated capital cost allowance treatment for investment in machinery and equipment in the manufacturing and processing sector;
(l) expands eligibility for the accelerated capital cost allowance for clean energy generation and conservation equipment;
(m) extends eligibility for the mineral exploration tax credit by one year to flow-through share agreements entered into before March 31, 2012;
(n) expands the eligibility rules for qualifying environmental trusts;
(o) amends the deduction rates for intangible capital costs in the oil sands sector;
(p) aligns the tax treatment to investments made under the Agri-Québec program with that of investments under AgriInvest;
(q) introduces rules to strengthen the tax regime for charitable donations;
(r) introduces anti-avoidance rules for registered retirement savings plans and registered retirement income funds;
(s) introduces rules to limit tax deferral opportunities for individual pension plans;
(t) introduces rules to limit tax deferral opportunities for corporations with significant interests in partnerships;
(u) extends the tax on split income to capital gains realized by a minor child; and
(v) extends the dividend stop-loss rules to dividends deemed to be received on the redemption of shares held by certain corporations.
Part 1 also implements other selected income tax measures and related measures. Most of these measures were referred to in the 2011 budget as previously announced measures. Most notably, it
(a) accommodates an increase in the annual contribution limit to the Saskatchewan Pension Plan and aligns its tax treatment with that of other tax-assisted retirement vehicles;
(b) clarifies that the “financially dependent” test applies for the purposes of provisions that permit rollovers of the assets of a deceased taxpayer’s registered retirement savings plan or registered retirement income fund to an infirm child or grandchild’s registered disability savings plan;
(c) ensures that the alternative minimum tax does not apply in respect of securities that are subject to the election under section 180.01 of the Income Tax Act;
(d) clarifies the rules applicable to the scholarship exemption for post-secondary scholarships, fellowships and bursaries; and
(e) amends the pension-to-registered retirement savings plan transfer limits in situations where the accrued pension amount was reduced due to the insolvency of the employer and underfunding of the employer’s registered pension plan.
Part 2 amends the Softwood Lumber Products Export Charge Act, 2006 to implement the softwood lumber ruling rendered by the London Court of International Arbitration on January 21, 2011.
Part 3 amends the Customs Tariff in order to simplify it and reduce the customs processing burden for Canadians by consolidating similar tariff items that have the same tariff rates and removing end-use provisions where appropriate. The amendments also simplify the structure of some provisions and remove obsolete provisions.
Part 4 amends the Customs Tariff to introduce new tariff items to facilitate the processing of low value non-commercial imports arriving by post or by courier.
Part 5 amends the Canada Education Savings Act to make the additional amount of a Canada Education Savings grant that is available under subsection 5(4) of that Act available to more than one of the beneficiary’s parents, if they share custody of the beneficiary, they are eligible individuals as defined in section 122.6 of the Income Tax Act and the beneficiary is a qualified dependant of each of them.
Part 6 amends the Children’s Special Allowances Act and a regulation made under that Act respecting payments relating to children under care.
Part 7 amends the Canada Student Financial Assistance Act to provide that the maximum aggregate amount of outstanding student loans is to be determined by regulation, to remove the power of the Minister of Human Resources and Skills Development to deny certificates of eligibility, and to change the limitation period for the Minister to take administrative measures. It also authorizes the Minister to forgive portions of family physicians’, nurses’ and nurse practitioners’ student loans if they begin to work in under-served rural or remote communities.
Part 7 also amends the Canada Student Loans Act to authorize the Minister to forgive portions of family physicians’, nurses’ and nurse practitioners’ guaranteed student loans if they begin to work in under-served rural or remote communities.
Part 8 amends Part IV of the Employment Insurance Act to provide a temporary measure to refund a portion of employer premiums for small business. An employer whose premiums were $10,000 or less in 2010 will be refunded the increase in 2011 premiums over those paid in 2010, to a maximum of $1,000.
Part 9 provides for payments to be made to provinces, territories, municipalities, First Nations and other entities for municipal infrastructure improvements.
Part 10 amends the Canadian Securities Regulation Regime Transition Office Act so that funding for the Canadian Securities Regulation Regime Transition Office may be fixed through an appropriation Act.
Part 11 amends the Wage Earner Protection Program Act to extend in certain circumstances the period during which wages earned by individuals but not paid to them by their employers who are bankrupt or subject to receivership may be the subject of a payment under that Act.
Part 12 amends the Canadian Human Rights Act to repeal certain provisions that provide for mandatory retirement. It also amends the Canada Labour Code to repeal a provision that denies employees the right to severance pay for involuntary termination if they are entitled to a pension. Finally, it amends the Conflict of Interest Act.
Part 13 amends the Judges Act to permit the appointment of two additional judges to the Nunavut Court of Justice.
Part 14 provides for the retroactive coming into force of section 9 of the Nordion and Theratronics Divestiture Authorization Act in order to ensure the validity of pension regulations made under that section.
Part 15 amends the Canada Pension Plan to include amounts received by an employee under an employer-funded disability plan in contributory salary and wages.
Part 16 amends the Jobs and Economic Growth Act to replace the reference to the Treasury Board Secretariat with a reference to the Chief Human Resources Officer in subsections 10(4) and 38.1(1) of the Public Servants Disclosure Protection Act.
Part 17 amends the Department of Veterans Affairs Act to include a definition of dependant and to provide express regulation-making authority for the provision of certain benefits in non-institutional locations.
Part 18 amends the Canada Elections Act to phase out quarterly allowances to registered parties.
Part 19 amends the Special Retirement Arrangements Act to permit the reservation of pension contributions from any benefit that is or becomes payable to a person. It also deems certain provisions of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act to have come into force on December 14 or 15, 1994, as the case may be.
Part 20 amends the Motor Vehicle Safety Act to allow residents of Canada to temporarily import a rental vehicle from the United States for up to 30 days, or for any other prescribed period, for non-commercial use. It also authorizes the Governor in Council to make regulations respecting imported rental vehicles, as well as their importation into and removal from Canada, and makes other changes to the Act.
Part 21 amends the Federal-Provincial Fiscal Arrangements Act to clarify the legislative framework pertaining to payments under tax agreements entered into with provinces under Part III.1 of that Act.
Part 22 amends the Department of Human Resources and Skills Development Act to change the residency requirements of certain commissioners.

Keeping Canada's Economy and Jobs Growing Act

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, in the comments that were made, I did not hear any reference from Quebec, but a reference from an Alberta newspaper about Quebec. That is quite different.

The question she asked has to do with a simple mathematical and budgetary question. But the issue is much more fundamental that that. I am sure that she remembers very well the political party financing measure that was adopted along with some fundamental changes, reforms to the way things operated. This was to provide assistance to the different parties and to allow the expression of a democratic vote.

It is true that this can distort things. The current system can distort things. The Conservative government has a majority with less than 40% of the votes . It would make sense to see some reforms to the parliamentary system. That is just part of it. This could also have the negative effect of preventing the expression of diverse voices, like the voice of our colleague from Saanich—Gulf Islands, whose presence and party largely depend on these subsidies or financing.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Mr. Speaker, I would like to thank the hon. member for his speech. In terms of government funding for political parties, we are talking about paying $1.75 for democracy, which is less than the cost of a coffee and a timbit at Tim Hortons. We could talk about the quote from the Alberta newspaper that was mentioned by the hon. member for Saint-Boniface, but even a country like France says not to do that. Canadians should continue contributing to parties through their taxes. They are trying to make us believe that people are paying for political parties they do not want. For each vote, a political party receives an amount that does not even equal the cost of a coffee and a doughnut. What is so wrong about that, for the sake of democracy?

[The Acting Speaker, Bruce Stanton]

Order. We need time for a response.

The hon. member for Rimouski-Neigette—Témiscouata—Les Basques has 30 seconds.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, that question is excellent. A sense of proportion is also needed. This measure is worth $27 million. The Conservatives have spent over $60 million on advertising for the economic action plan. It is not a question of cuts here, but rather the fact that the Conservatives have an excellent fundraising machine that has been put to the test. They do not need a political party financing system. They want to use this to weaken the opposition. If it were simply a budget measure, we would not be having the democratic debate that we are having here today and that we should be having.

[The Acting Speaker, Bruce Stanton]

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 Montcalm, Disability Insurance; the hon. member for London—Fanshawe, Seniors; the hon. member for Western Arctic, Airline Safety.

Resuming debate, the hon. member for Mississauga East—Cooksville.

[Wladyslaw Lizon, Conservative, Mississauga East—Cooksville, ON]

Mr. Speaker, I am honoured to rise today to speak to Bill C-13, keeping Canada's economy and jobs growing act. Canadians gave our government a strong mandate to implement our low tax plan to help support job creation and economic growth, and we are doing exactly that.

Forbes ranked Canada number one in the world in its 2011 annual survey of the best countries for business, for our economic and personal freedoms, innovation and relatively low red tape. Canada has the strongest job growth in the G7 and the IMF expects Canada to continue to have the strongest growth in the G7 through the years 2011-12. We have the lowest government net debt to GDP ratio in the G7 by far.

The World Economic Forum rated our financial system as the soundest in the world. For the fourth consecutive year, our triple A credit rating has been renewed because of our economic resiliency, very high government financial strength, and low susceptibility to event risk.

Canada's economic record is admirable; however, we do recognize there is much work to be done to protect the fragile recovery and to help more Canadians return to work. That is why the next phase of Canada's economic action plan is so important. We must stay the course to protect Canadians from the turbulent economic uncertainties facing our friends and neighbours around the world.

Before the global recession hit, our Conservative government paid down nearly $40 billion of the debt, bringing Canada's debt to its lowest level in 25 years. Our fiscal responsible and aggressive debt reduction placed Canada in the best possible position to weather the global recession. When the global recession hit, we made a deliberate decision to run a temporary deficit to protect our economy and jobs, and all parties in Parliament agreed.

We will continue to be aggressive in our support of job creation. We will enhance or extend programs to help businesses keep workers, renew programs to help unemployed workers, introduce hiring credits for small businesses, support youth entrepreneurs, reduce red tape, and legislate permanent gas tax funding for municipalities.

Families will benefit from a new family caregiver tax credit, a new children's arts tax credit, and an enhanced medical expense tax credit. This builds on top of the action our government has taken to support families since 2006. Due to our strong record of tax relief, total savings for a typical family are over $3,000.

Our Conservative government values the contributions made by seniors who have made our country as great as it is. That is why the next phase of Canada's economic action plan introduces new measures to improve the quality of life and expand opportunities for Canadian seniors including extending the eco-energy home retrofit program, eliminating the mandatory retirement age for federally regulated employees, extending the targeted initiative for older workers, enhancing the new horizons for seniors program, and enhancing the GIS for eligible low income seniors who will receive additional annual benefits of up to $600 for single seniors and $840 for couples, helping more than 680,000 seniors across Canada.

We will keep taxes low for Canadian families. Our Conservative government believes in low taxes and leaving more money where it belongs, in the pockets of hard-working Canadian families and job creating businesses.

We have cut taxes over 120 times since 2006, reducing the overall tax burden to its lowest level in nearly 50 years.

We removed over one million low income families, individuals and seniors from the tax rolls.

The next phase of Canada's economic action plan continues with the government's commitment to support Canadian students. We all want students to succeed in the global economy with the help of the best education possible.

We are investing in education in the north, including $9 million to expand territorial colleges' literacy and numeracy programs, particularly in remote communities.

We are extending tax relief for skills certification exams and doubling the in-study income exemption.

To further support families and students, we are increasing the family income threshold for part-time Canada student loans and Canada student grant recipients, bringing the eligibility threshold in line with the threshold for full-time students.

The government will respect taxpayers and phase out the direct subsidy of political parties. We are closing numerous tax loopholes that allow a few businesses and individuals to avoid paying their fair share of tax.

There is considerable uncertainty surrounding the economic outlook. The key near-term risk is the sovereign debt and banking crisis in Europe. This government will continue to implement the next phase of Canada's economic action plan to support jobs and growth. We will continue to closely monitor the global and Canadian economic situation. If the economy weakens significantly, we are prepared to respond as necessary in a flexible and measured manner to support Canadian jobs and growth.

In meeting its commitment to return to budgetary balance, the government will not raise taxes or cut transfers to persons, including those for seniors, children and the unemployed, or transfers to other levels of government in support of health care and social services, equalization and gas tax transfers to municipalities.

Going forward, the government will maintain its focus on the priorities set out in the next phase of Canada's economic action plan by supporting job creation; supporting families and communities; investing in innovation, education and training; and preserving Canada's fiscal advantage.

Productive and sustainable investments in these key areas will continue to help lay the foundation for long-term economic growth and prosperity for all Canadians.

[Cathy McLeod, Conservative, Parliamentary Secretary to the Minister of National Revenue]

Mr. Speaker, I would like to thank my colleague for that very fine speech. He talked about a number of the very important measures. I would like the member to reflect on his riding and tell us about some of the things that are going to be of huge benefit to the people of Mississauga East—Cooksville in terms of moving forward with the budget implementation act.

[Wladyslaw Lizon, Conservative, Mississauga East—Cooksville, ON]

Mr. Speaker, my riding is a very diverse riding. It has many young families and those families will benefit from measures proposed in this act. The tax credits for arts and culture and physical activities will benefit many young families in my riding.

There are also many businesses in my riding. The measures we are proposing for businesses in this act are very important because many of them will be able to hire new workers and many of them will be able to keep workers who are employed now.

I have had very positive feedback from my constituents regarding the proposed bill.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, my colleague across the floor mentioned help for families, but I really have to wonder what help for families he is talking about.

Is the member aware or would he agree that the gap between wealthy people and those living in poverty is growing?

What does he really think his bill will do for the families that are most in need of support from this government? The reality is that these families will receive nothing from the tax credits the member is boasting about.

[Wladyslaw Lizon, Conservative, Mississauga East—Cooksville, ON]

Mr. Speaker, I would like to remind the hon. member that we live in the best country in the world. This is not a third world country. This is a country where people come every year, from around the world, as immigrants. They work hard and they are successful.

Of course, there is always more that needs to be done or that can be done, but this is a part of the process. It is not done in one step. This is done in a gradual process. That is exactly what the bill and its measures would address.

I would like to stress that this is not a third world country. We are the best country in the world and we should all work together to improve it. I hope the hon. member will support the bill.

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, I want to thank the hon. member for his past contribution as a leader in the Polish community in this country. He has done a very fabulous job and I want to thank him for that.

The Conservative Party committed to implementing these different things that we have in the budget bill during the election.

My question for the member is this. How important is it to him, representing his riding, that what we said during the election is what we are actually doing here in the House of Commons?

[Wladyslaw Lizon, Conservative, Mississauga East—Cooksville, ON]

Mr. Speaker, as my hon. colleague said, during the election we actually presented our economic program to Canadians. When I was knocking on doors, the issues that were important to the people I talked with were jobs, safe streets, a good future for our children, and good education. That is exactly what the bill addresses. That is why we are working hard on this side of the House and that is why we are asking the members on the opposite side of the House to support us in working for all Canadians.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, earlier, the Minister of State for Transport spoke to us about economic recovery and now the hon. member is talking about maintaining the economy. However, under this same government, during its reign from 2008 to 2011, between the two elections, Canada's debt increased by $10 billion.

The International Monetary Fund predicts that the rate of unemployment will increase in 2012 and, I believe from my reading, Scotiabank recently questioned the rosy economic predictions made by the United States and Canada last year.

How can the hon. member tell us there will be economic growth and job growth?

[Wladyslaw Lizon, Conservative, Mississauga East—Cooksville, ON]

Mr. Speaker, the hon. member asks, how can I have confidence?

This government's record speaks for itself. Our economy is the strongest economy among the G7 nations. We are making progress. Our financial system is the best in the world.

Of course, we are in difficult times. We are connected to the world economy and we are affected by turbulence in other parts of the world. However, we are on the right path and we will keep working for the best interests of this country and Canadians.

[Cathy McLeod, Conservative, Parliamentary Secretary to the Minister of National Revenue]

Mr. Speaker, I am delighted to speak to Bill C-13, which is part of phase two of our economic action plan that has many important elements in terms of moving our country forward.

It is really important that I first start with a brief history of our low tax plan for jobs and growth.

We presented a budget in March 2011 in the House. At that time, the opposition did not see fit to support that budget and triggered an unnecessary election. During our election campaign, we spoke to Canadians throughout the country and told them that we would reintroduce the same budget. It was part of our election platform.

It is important to recognize that this is a budget that had the support of Canadians across the country. We are following through on our commitment to Canadians, who returned us to the House with a strong, stable majority government.

In June of this year, we reintroduced our bill, Bill C-3, and before the House rose for the summer, we were able to implement very important measures, such as increasing the guaranteed income supplement for seniors. Now it is fall, there are many elements left and this is our opportunity to continue that very important work.

Members of the finance committee had the opportunity to look at the bill in great detail. As we all know, it is a very big bill and we went through it paragraph by paragraph, looking at all the different measures. Unfortunately, I do not have time to talk about all the great measures, but I would like to focus on and highlight some of the things that are incredibly important for Canadians.

The first thing I would like to highlight is the rural and remote riding forgiveness for student loans in terms of health care services. It is important to look at a statistic. According to the Society of Rural Physicians of Canada, 31.4% of Canada's population, or roughly nine million people, live in predominantly rural regions. Towns under 10,000 account for 22.2% of the population, but they only have 10% of the physicians. Right there we see a big problem. MPs and people who live in Toronto, Ottawa and larger settings recognize and often speak about the challenges in getting a family doctor and access to care. If we look at what is happening in rural communities, it is absolutely compounded many times over.

There have been historical challenges in terms of recruiting doctors and nurses to small areas. One situation we need to look at is if someone were in an accident in Ottawa, an ambulance would quickly come to take the person to a hospital, where there would be a team of doctors and an operating room waiting. Residents in Princeton, British Columbia, as one example, may receive a notice on Friday saying that there are no doctors available to be on call for emergencies on the weekend and if they have emergencies, they should drive three hours to the nearest hospital because the hospital cannot staff the emergency room. This is happening many times throughout our country and our government recognizes that things need to be done.

The other thing that was happening was the lack of physicians was pitting community against community, with each one sort of upping the ante in terms of enticing physicians to go there. This is an important measure that will level the playing field so a physician or nurse who chooses to go to Pemberton, Lillooet or any small community will have the same advantages. It is prevents communities from pitting one against the other.

The Canadian Medical Association indicated that roughly 900 doctors and 1,600 nurses who graduate annually are in debt to the Canada student loans program. It is estimated that the average medical student graduate with a debt load in the order of $100,000 will be eligible to have $8,000 per year written off their loans to a maximum of $40,000, while nurses and nurse practitioners will be eligible for a $4,000 per year writeoff to a maximum of $20,000 if they undertake a stint in a remote community.

During the election I had an opportunity to talk to nursing students in our local university and rural physicians. I asked them if this was an important measure. Without hesitation, every one of them said that doctors were enticed to come to their communities. They would love the community, the career, the opportunities and the beauty and believed that they would stay. They were thankful for this important measure.

It is important to note that this is only one of many measures. It really builds on the $39.5 million in funding to increase the number of residency physicians that we announced in February 2011. Again, I am not saying that one strategy is going to solve the problem, but there are many pieces that we are working on in partnership with the provinces and territories that ultimately have the responsibility.

Another important measure I would like to highlight is the mineral exploration tax credit. Exploration and development of Canada's rich mineral resources offers important investments and employment benefits in many parts of the country, especially in rural or remote regions. The temporary 15% mineral exploration tax credit is a measure designed to assist junior mining companies in raising new equity through the issuance of flow-through shares. This additional financing helps exploration companies to maintain or increase their level of exploration activities.

We invested in the METC through the global economic downturn as a way of supporting innovation and job creation in the mining sector. Following the extensions in Canada's economic action plan in budget 2010, the credit was scheduled to expire on March 31, 2011. In support of the economic recovery, budget 2011 extended the credit for an additional year.

It is important to note that in an average year METC investors collectively provide companies with $400 million in new financing to spend on grassroots exploration in Canada. This money has to be spent in Canada thereby ensuring that if a mine is discovered, the benefits and jobs associated will come to Canadians directly. Therefore, if even a single mine is discovered, the taxes are paid to all levels of government, and they are significant.

It is also important to note that the Mining Association of Canada reports that $8.4 billion was paid to the government by mining industries in 2011. Again, this is another important measure in terms of jobs and economic growth.

One thing I have certainly heard very clearly is the importance of the gas tax funding for our municipalities. Infrastructure has been an ongoing challenge for them. They often will have acute care needs in terms of water, sewer and roads, but they have to wait for a program to come available. Now they can count on the permanent $2 billion gas tax funding. Not only that, instead of just using it as a grant program, they can now leverage the funds. They know it is legislated and so they can count on it and leverage it. This is very important for our municipalities.

In quick summary, there are many measures in this budget. At the end of the day, we have been given a mandate by Canadians to move forward with the budget. It is important to support jobs and economic growth. I encourage the opposition to support the bill. Their constituents want them to support it.