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

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, it is interesting to note that our government has invested more money in research and development than any other previous government.

[An hon. member]

The Grain Growers.

[LaVar Payne, Conservative, Medicine Hat, AB]

In particular, I would like to read the following quote:

The Grain Growers are also pleased with the announcement of a $50 million fund for research and innovation.... Farmers from across Canada have lobbied aggressively for the Government to invest in this area, and they have heard us.

We have also heard them.

In addition to that, through our knowledge infrastructure program, millions and millions of dollars have been invested in universities and colleges right across Canada, including the Medicine Hat College in my own riding.

[Marc Garneau, Liberal, Westmount—Ville-Marie, QC]

Mr. Speaker, it may surprise the government but I agree with some of the tax credits that have been put into this budget implementation plan. In fact, the ones dealing with home caregivers and volunteer firemen were in our own platform as well. The reason we put them in and made them refundable was because we wanted to ensure that everybody had a chance to benefit from them, including low income Canadians.

Does the member believe that the government should consider making these tax credits refundable?Otherwise, low income Canadians will not be able to take advantage of them. I am sure that his government wants all Canadians to benefit from these tax credits, which are good.

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, I was in Tilley, Alberta, which is a very small community in my riding. It opened a brand new fire department and has a new fire engine. The fire chief and the volunteer firefighters were absolutely delighted with the funding that we are providing through this tax credit. They told me that without that tax credit, a lot of them would have considered not volunteering again. That tax credit spurred them on and they will continue to volunteer their services to their communities.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, my question for the member for Medicine Hat is with regard to innovation.

The member talked about education, innovation and training. I want to let the House know that last week I visited a company in my riding of Mississauga South called Electrovaya. It manufactures lithium ion batteries for plug-in electric vehicles. In the last year alone, it doubled its staff to over 100 and part of that had to do with the fact that it received funding, through the Department of Industry, Science and Technology's clean energy fund, for this project.

I wonder if the member for Medicine Hat has a similar story to tell about his riding or from his travels where innovation and our policies in that area have helped out a business.

[LaVar Payne, Conservative, Medicine Hat, AB]

Mr. Speaker, I am really pleased to hear that the innovation moneys we are providing to companies across Canada is working, in particular in the riding of Mississauga South. That just shows that our government is listening. We are putting our budget dollars in the right place to ensure we can grow the economy and create jobs.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I am glad to have an opportunity to speak to Bill C-14, especially after having had a chance to talk to a number of constituents in my riding last week to see the real picture of what is happening at the ground level.

The week before the break I heard my Conservative colleagues talk about how we are ranked number one by the IMF, Forbes magazine and a number of different organizations internationally and how we are doing so well compared to the G7.

I also heard my colleagues talk about spending $50 million here, $50 million there, $200 million here. Those are hollow words. If we look at what is happening in our communities, that is not translating into jobs. The Conservatives do not believe in statistics and real facts. They are cherry-picking some of the numbers to highlight that they are working toward a great plan. The problem is they do not have a plan. The Conservatives do not have an economic action plan that will help our communities and create jobs locally. Basically, they pretend to have a plan through a piecemeal process.

After having had a chance to visit in my community, I would suggest that the Conservatives get out of this Ottawa bubble and visit real communities and people to see what is happening. There are two million Canadians who are unemployed or underemployed.

I had a chance to visit the South Fraser Community Services Society last week. I commend the members of its staff for the wonderful job they do under very difficult circumstances with the resources and tools they have available. The South Fraser Community Services Society provides valuable services to the community. It provides shelters for homeless people. It helps them with their medical needs. It provides counselling and helps people find permanent housing. The staff is wonderful. I was pleased to see what they are doing for the community.

The Conservatives talk about the prosperity of this country. What is troubling is that 20% of the people using shelters are employed but are not making enough money to pay for housing. Not only are there those who are unemployed in this country, but there are also the working poor who are not making ends meet. In the bubble within which the Conservatives live, they do not see what is happening in the communities. In my community I did not see the prosperity the Conservatives speak about.

The Conservatives talk about a great trickle-down economics plan, but it is not trickling down to average families in my community. The Conservatives talk about a different Canada which I did not see in my community.

The Conservatives talk about cutting corporate taxes and giving billions of dollars to their friends yet they are raising taxes on working families. For example, over the last year gas prices have been rising almost daily. The oil companies are making big money. There is tax on gas. More money is being siphoned from average families who are having difficulty making ends meet.

If we look at the price of food, what I am hearing from my constituents is that the bag of groceries they are buying with today's dollars is not enough to carry them through the week because taxes are being raised on a number of items. If the pricesof food goes up, the tax also goes up. The government is giving away billions of taxpayers' dollars to corporations yet it is taxing the working families who are having a tough time making ends meet.

We need real action to create jobs. The Conservatives simply do not have a plan. We need to provide relief for families who are paying higher taxes, higher gas prices and higher grocery bills. We need to provide relief for students. The Conservatives say they are investing in universities but it is piecemeal investment. It does not make sense because they do not have a plan. Basically, their plan is to give away billions of dollars to corporations. They have done that consistently over the last seven or eight years.

I hear my friends across the aisle talk about the economic engine that drives our country. On this side of the House we know that economic engine is small business, the mom and pop operations that drive our economy. I do not know why the Conservatives are against small businesses. If they believe in an economic strategy and that small businesses create jobs, then we need to provide relief for small businesses.

There is $500 billion sitting with corporations but they are not investing. When small businesses make money and prosper they spend their money locally. They do not send it to another country. Yet we do not have a plan from my friends across the aisle.

The tax rate for large corporations has been cut enough over the past years. We need a real economic action plan that would provide relief to families, that would invest in our communities, and that would create local jobs to help this country move forward. Clearly, the Conservatives' plan, which is not a plan, is not moving our country forward.

Further reducing taxes for large corporations basically gives away billions of dollars, money which comes from families, working class people and small businesses. That is not fair. We need a real economic action plan. I suggest that my colleagues across the aisle get on with it and invest in local jobs. They should get out of this Ottawa bubble and visit their communities to see what is happening.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I am surprised by my colleague's attitude this morning. He is generally a positive guy but he is grumpy today. Maybe he had a bad constituency week.

My colleague is implying that there is no plan. If he would take the time to look, there have been 650,000 new jobs created. There is no better plan for a person who is trying to make ends meet than a good job.

The member also complains that there are no targeted investments. Bill C-13 includes green energy investments. As well, there are targeted investments in communities. The permanent gas tax funding will help municipalities with long-term planning and initiatives.

What the member is really missing are the amazing investments that the bill makes in education and training, forgiving loans for new doctors, helping apprentices in skilled trades and improving federal assistance for students. These are all fantastic initiatives.

Why would the NDP be against helping students and our next generation get the kind of good jobs that they need to support their families?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, my colleague across the aisle has correctly stated that I am grumpy. I am grumpy because I have spoken with my constituents and the Conservatives' economic policy is not trickling down to my constituents. They have elected me to be their voice. I am grumpy because my constituents have told me what matters to them. Clearly, the Conservatives' action plan is not helping.

With regard to the employment numbers, the government now claims to have created 660,000 new jobs. That is also a distortion. We know the Conservatives do not believe in facts and stats. We have barely seen 200,000 new jobs since the pre-recessionary employment high point in 2008, yet the labour force has grown by 450,000.

Basically, the Conservatives fudge the numbers or cherry-pick them. That is not--

[The Acting Speaker, Conservative, Bruce Stanton]

Order. The hon. member will know there may be other members who wish to ask a question.

The hon. member for Vancouver Quadra.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I thank the member for Surrey North for his capable exposition of his party's position and his support for small business. This being small business week, I do want to add my concern about the Conservative budget picking large business over small business.

The billions of dollars that would come out of the treasury and into the coffers of larger more profitable businesses is a choice the Conservatives are making. It is their choice to spend that money on large businesses rather than make those funds available for small businesses. What small businesses would receive is a tax hike.

I ask my colleague from Surrey North how would businesses in his riding deal with the 5.6% increase in EI premiums next year that would be taking a further $1.2 billion out of businesses? How would those small businesses feel about having their payroll taxes go up?

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, we have seen over the years the large giveaways to large corporations and money being taken from the small businesses which will be facing a payroll tax in the new year. I am glad the member brought that up because that is what the Conservatives believe in. They believe in taking money away from small businesses and families, taxing them, and giving it to their friends. Frankly, that is not fair.

I have talked with a number of small businesses in my constituency. They are already hurting. They were hurt by the government when it introduced the HST. That hurt our construction industry quite a bit. We are barely recovering from that. That is where small business is hurting. Clearly, the Conservatives are bent on giving away billions more dollars to large corporations.

We have a corporate tax rate that is one of the lowest in the G7 and G20. We are competitive. We do not need to give more money away to large corporations.

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

Mr. Speaker, Canada's economic action plan has assisted Canada to have the strongest job growth record in the G7 with nearly 600,000 net new jobs having been created since July 2009. The IMF projects that Canada will continue to have the strongest economic growth among the G7 over the next two years. We are not immune from the global economic turbulence and that is why we have to stay the course and implement the next phase of Canada's economic action plan.

In the keeping Canada's economy and jobs growing bill, our government is focused on what matters to Canadians: creating jobs and promoting economic growth. The incredible investments our government has made in my community of Mississauga East—Cooksville have enabled us to weather the economic turbulence with major investments that have enhanced the lives of those living in our community.

Mississauga, Ontario is one of Canada's most diverse and quickly growing cities. Canada's economic action plan invested in the city specifically in Celebration Square. This square will do what Mississauga has struggled to do for years: develop a city-wide spirit. The public square of the 1950s where people could go to meet and enjoy their community is back and thriving in Mississauga. Thanks to Canada's economic action plan, this dream was realized and the square is now fully functional and is being used by tens of thousands of people, bringing the population of one of Canada's largest cities together.

Canada's economic action plan investments have redeveloped the Lorne Park, Lakeview and Burnhamthorpe libraries. We have rehabilitated more than 20 roads and invested in transit priorities and garage repairs. We have added additional lighting in 73 parks and neighbourhoods, resulting in safer play spaces and communities for all our citizens.

Mississauga has had its old water mains replaced, reservoirs rehabilitated and its Meadowvale north pumping station expanded. Community centres have been resurrected. Entire communities have been raised from the ground up because our government's economic action plan was in place to help those who needed it the most.

There were 60,000 net new jobs created in September. Over 90% of those are full time and over 80% are in the private sector. Many people who were struggling before the economic action plan are now enjoying a better life because they are working at jobs they love and participating in Canadian life.

Canada's economic action plan has produced the results that Canadians needed, but the global economic turbulence means we must stay the course. We must continue on the road we are currently travelling in order to maintain the strength and stability that we are building. The second phase of Canada's economic action plan is a much needed continuation.

We will invest in job creation and economic growth by providing a temporary hiring credit for small businesses. We will expand tax support for clean energy generation to encourage green investments. We will extend the mineral exploration tax credit for flow-through share investors by one year to support Canada's mining sector. We will simplify customs tariffs in order to facilitate trade and lower the administrative burden for businesses. We will eliminate the accelerated capital cost allowance treatment for investments in manufacturing and processing machinery to support the manufacturing and processing sector. We will eliminate the mandatory retirement age for federally regulated employees in order to give older workers who wish to remain in the workplace the opportunity to choose the option that works best for them.

The second phase of Canada's economic action plan will help families by introducing a new family caregiver tax credit to assist caregivers of all types to participate and make memories with their loved ones who fall terminally ill. We will also remove the limit on the amount of eligible expenses caregivers can claim under the medical expense tax credit in respect of financially dependent relatives. We will continue to help families by introducing a new children's arts tax credit for programs associated with children's cultural, recreational and developmental activities.

We will invest in education and training by forgiving loans for new doctors and nurses in underserved rural and remote areas. We all want Canada's students to succeed in the global economy with the help of the best education possible. We will invest in our students by improving federal financial assistance for students so they can continue to gain the education they need to continue toward their dreams. We will make it easier to allocate registered education savings plan assets among siblings without incurring tax penalties or forfeiting Canada's education savings grants. We are doubling the in-study income exemption from $50 per week to $100 per week, benefiting over 100,000 students by allowing them to work more without negatively affecting their loans.

We are going to support communities by legislating a permanent annual investment of $2 billion in the gas tax fund to provide predictable long-term infrastructure funding for municipalities. We are going to enhance the wage earner protection program to cover more workers affected by employer bankruptcy or receivership. This government will support the tireless hard work of volunteer firefighters by introducing a volunteer firefighters tax credit.

This government will respect the taxpayers by phasing out the direct subsidies of political parties and closing numerous tax loopholes that allow a few businesses and individuals to avoid paying their fair share of taxes.

The government will support seniors by enhancing the GIS, enhancing the new horizons program, and extending the eco-energy retrofit program.

We recognize the vital role that small businesses play in the economy and job creation. That is why we declared 2011 the year of the entrepreneur. We are committed to helping entrepreneurs grow their business and succeed.

The next phase of Canada's economic action plan includes a number of measures to further enable small businesses and entrepreneurs to grow and create jobs. This includes a new hiring credit for small businesses. This is a temporary one-time credit. This credit will help up to 520,000 employers defray the costs of additional hiring. We will reduce the red tape and support youth entrepreneurs by investing $20 million in them. This builds on the government's significant action to reduce taxation for small businesses. We will reduce the small business tax rate from 12% to 11%. These reductions will help create jobs and economic growth for Canadian families and communities by making Canada the greatest country in which to develop a business.

Canada has seven straight quarters of economic growth. We will remain on track to balance the budget by 2015. This builds on top of the action the government has taken since 2006 to support Canadians. We have cut taxes over 120 times since forming government. We have cut the lowest personal income tax rate to 15%. We have removed over one million Canadians from the tax rolls. We have increased the amount Canadians can earn tax free. We have reduced the GST from 7% to 5%.

We have also introduced enhancements to the universal child care benefit, the child tax credit. We have introduced a fitness tax credit. We have brought in the landmark tax-free savings account, the most important personal savings vehicle since RRSPs.

We introduced the registered disability savings plan to help families who have children with disabilities. Families are benefiting from other new targeted measures, like the first-time home buyers' tax credit and the public transit tax credit.

This government's strong record—

[The Acting Speaker, Conservative, Bruce Stanton]

Order. I regret to tell the member that the time allocated for his remarks has expired. We will now move on to questions and comments.

The hon. member for Kings—Hants.