Bill C-48 (Historical)

Technical Tax Amendments Act, 2012

An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation

Part 1 of this enactment implements, in accordance with proposals announced in the March 4, 2010 Budget and released for comment on August 27, 2010, amendments to the provisions of the Income Tax Act governing the taxation of non-resident trusts and their beneficiaries and of Canadian taxpayers who hold interests in offshore investment fund property.
Parts 2 and 3 implement various technical amendments in respect of the Income Tax Act and the Income Tax Regulations relating to the taxation of Canadian multinational corporations with foreign affiliates. The amendments in Part 2 are based on draft proposals released on December 18, 2009. Among other things, Part 2 includes the amendments to the foreign affiliate surplus rules in the Income Tax Regulations that are consequential to the foreign affiliate changes to the Income Tax Act announced in the March 19, 2007 Budget. The amendments in Part 3 are based on draft proposals released on August 19, 2011. Among other things, Part 3 includes revisions to the measures proposed in a package of draft legislation released on February 27, 2004 dealing primarily with reorganizations of, and distributions from, foreign affiliates.
Part 4 deals with provisions of the Income Tax Act that are not amended in Parts 1, 2, 3 or 5 in which the following private law concepts are used: right and interest, real and personal property, life estate and remainder interest, tangible and intangible property and joint and several liability. It enacts amendments, released for comments on July 16, 2010, to ensure that those provisions are bijural, in other words, that they reflect both the common law and the civil law in both linguistic versions. Similar amendments are made in Parts 1, 2, 3 and 5 to ensure that any provision of the Act enacted or amended by those Parts are also bijural.
Part 5 implements a number of income tax measures proposed in the March 4, 2010 Budget and released for comment on May 7, 2010 and August 27, 2010. Most notably, it enacts amendments
(a) relating to specified leasing property;
(b) to provide that conversions of specified investment flow-through (SIFT) trusts and partnerships into corporations are subject to the same loss utilization restrictions as are transactions between corporations;
(c) to prevent foreign tax credit generators; and
(d) implementing a regime for information reporting of tax avoidance transactions.
Part 5 also implements certain income tax measures that were previously announced. Most notably, it enacts amendments announced
(a) on January 27, 2009, relating to the Apprenticeship Completion Grant;
(b) on May 3, 2010, to clarify that computers continue to be eligible for the Atlantic investment tax credit;
(c) on July 16, 2010, relating to technical changes to the Income Tax Act which include amendments relating to the income tax treatment of restrictive covenants;
(d) on August 27, 2010, relating to the introduction of the Fairness for the Self-Employed Act;
(e) on November 5, 2010 and October 31, 2011, relating to technical changes to the Income Tax Act;
(f) on December 16, 2010, relating to changes to the income tax rules concerning real estate investment trusts; and
(g) on March 16, 2011, relating to the deductibility of contingent amounts, withholding tax applicable to certain interest payments made to non-residents, and certain life insurance corporation reserves.
Finally, Part 5 implements certain further technical income tax measures. Most notably, it enacts amendments relating to
(a) labour-sponsored venture capital corporations;
(b) the allocation of income of airline corporations; and
(c) the tax treatment of shares owned by short-term residents.
Part 6 amends the Excise Tax Act to implement technical and housekeeping amendments that include relieving the goods and services tax and the harmonized sales tax on the administrative service of collecting and distributing the levy on blank media imposed under the Copyright Act announced on October 31, 2011.
Part 7 amends the Federal-Provincial Fiscal Arrangements Act to clarify, for greater certainty, the authority of the Minister of Finance and of the Minister of National Revenue to amend administration agreements if the change in question is explicitly contemplated by the language of the agreement and to confirm any amendments that may have been made to those agreements. Part 7 also amends the Federal-Provincial Fiscal Arrangements Act and the First Nations Goods and Services Tax Act to enable the First Nations goods and services tax, imposed under a tax administration agreement between the federal government and an Aboriginal government, to be administered through a provincial administration system, if the province also administers the federal goods and services tax.
Part 8 contains coordinating amendments in respect of those provisions of the Income Tax Act that are amended by this Act and also by the Jobs and Growth Act, 2012 or that need coordination with the Pooled Registered Pension Plans Act.

Economic Statement Implementation Act, 2020

[Ted Falk, Conservative, Provencher, MB]

Mr. Speaker, it is a novel sensation to rise in the House today to speak to Bill C-14, for several reasons. First, it is always a tremendous privilege to rise in the House, even though it is not as populated as it has been in the past, to represent the constituents of Provencher and speak to the issues of the day regarding this great country of Canada. Second, it is novel to speak to an economic statement that does not typically lead to legislation. This is an unusual speech in that respect.

Third, this marks the very first meaningful budget-like document that the Liberals have produced since 2019, almost 650 days ago. To be sure, this is not a budget. However, I am grateful to have the opportunity to address Bill C-14 given the fact that the Liberals have flat out refused to present a budget since 2018.

I am a member of the Standing Committee on Finance, which is just now concluding its pre-budget consultations and entering the drafting stage of the report. It is now time for the committee to review the recommendations from Canadians, and to consolidate into the report all the needs that have been identified by Canadians from coast to coast to coast to present to the finance minister. My hope is that the Minister of Finance will take this process seriously, that her response will be thoughtful and that she will come up with a realistic plan for our nation's finances.

Conservatives have been clear right from the beginning that we want to make sure that Canadians struggling as a result of COVID-19 have the support they need. We recognize the challenges that so many are facing, including those of us living under stringent public health restrictions that have dramatically impacted our well-being. The government has a duty not only to help Canadians get through the crisis, but to develop a plan to help us get out of it. I said earlier today in the House that it seems as though the government has no plan, and failing to plan is planning to fail.

It is perfectly fair for governments to react quickly when faced with a crisis. One cannot get everything right when trying to sort out something new and unexpected on the fly. However, a year has now passed since COVID-19 came on Canada's radar in a real way. By now, the government has had plenty of time to prepare a solid, long-term plan for Canada's economy. By now, we know where the damage is most significant. We know who is hurting, and with this knowledge comes the power to plan for the future: to show Canadians a way out and a plan for things to return to normal.

One tangible way that the Liberals could do this immediately is by setting a fiscal anchor. A fiscal anchor is driven by rock-solid foundation principles and will be an anchor or reference point to hold things together and provide stability on which we can establish policies. The principles of financial anchors are missing from the Liberal government.

The Business Council of Canada defines fiscal anchors as follows:

...notional ceilings or caps to the levels of public spending, deficits, and debt that governments are prepared to reach in their fiscal policy. They serve many purposes including:

1 Retaining the confidence of lenders and global markets...;

2 Establishing a positive investment climate for businesses;

3 Providing a measure of fiscal discipline inside government...; and

4 Ensuring that the government has the ability to respond to future economic shocks and unforeseen crises.

In practical terms, this is about creating good jobs for Canadians. It is about creating the conditions for local small businesses to succeed and thrive. It is about moms and dads being able to put food on the table for their families. However, it is also about governments being able to sustainably fund the social services that many rely on: health care, education and the social safety net. Fiscal responsibility, or a fiscal anchor, signals to Canadians that the government is not merely acting for its own immediate interests today, but for the good of the country and its future.

Former parliamentary budget officer Kevin Page told the National Post in October, “There’s a cost to having effectively no fiscal plan. And right now it’s fair to say we have no fiscal strategy.” He added, “This is about where the government’s rudder is. Where is the policy strategy that guides us through the pandemic, and to the post COVID-19 recovery? We’re missing that.”

In a November piece for The Globe and Mail, Mostafa Askari, Sahir Khan and Mr. Page write:

All governments need constraints. Politicians do not like to raise taxes. There is a bias toward deficits. Higher debt can create the risk of future economic instability. It can reduce fiscal room to address the next economic downturn. Constraints also signal future policy intentions of governments and are essential to promote accountability.

The Liberals' refusal to adopt a fiscal anchor is such that they continue to avoid accountability for their spending. We are facing a historic deficit of almost $400 billion. The total federal debt will reach $1.1 trillion this year, and the federal debt, as a percentage of GDP, has risen dramatically. If ever Canadians deserved transparency and accountability, now is the time.

With this in mind, I want to speak about part 7 of the bill. In this section of the legislation, the Liberals propose to amend the Borrowing Authority Act and the Financial Administration Act by increasing maximum borrowing authority for the federal government of Canada from $1.1 trillion to $1.8 trillion. Even as someone with years of experience in the financial sector, those figures seem very daunting to me. This increase is considerably more than the government needs to get through this next fiscal year. Moreover, it authorizes a massive expansion of the national debt all while the government refuses to identify a fiscal anchor and refuses transparency.

If the Liberals were swiping their own personal credit cards during these transactions, it would be one thing, but they are swiping the nation's credit card, knowing full well that hard-working Canadians will ultimately be stuck with a bill that will likely have to be paid through tax increases and will be passed on to future generations. This is money out of the pockets of real people, real families, and not just this generation.

Young parents trying to set aside money for their children's education, small business owners trying to meet payroll for employees and seniors on fixed incomes will all be affected by this increase to our national debt.

In the real world, when Canadians want to obtain a line of credit they have to show the lender that they are good for it. They have to show they will be able to make payments. They have to show that they are responsible stewards of the money that is being lent to them. That is how the three Cs of credit work: character, collateral and capacity. I, for one, do not see why the House should authorize such a significant increase of the government's maximum borrowing authority when it cannot even establish a baseline for its spending. Liberals have not demonstrated the ability to be responsible for increased debt.

This is about taking care of Canadians today and tomorrow. We owe it to future Canadians to ensure our public finances are sustainable. Debt is a moral issue: It is something that is owed to one by another with the understanding that what is owed must be paid back. This is a basic principle, and one that is almost universally understood within the context of business, finance and even personal relationships. If we borrow money from the bank to finance the purchase of a home or vehicle, there is an understanding and a binding agreement as to how and when that loan will be paid back. The borrower is taking on that debt, and with it the responsibility to repay the amount borrowed from the lender. A commitment has been made to restore the financial situation of the lender. The refusal or failure to do so will result in penalties, or at the very least adverse effects to the credit and financial well-being of the borrower.

To borrow without the ability or a clear plan to repay is foolish. While in our culture some debt is usually unavoidable, it is a reality that most of us try to avoid it. We do not want to be in debt. We do not want to be enslaved to interest payments. We want to be free. The government does not have its own money, it only has the money that it receives from the taxation of its citizens. When it needs more money, the government only has three choices: raise taxes, cut spending or borrow.

As my colleague, the member for Carleton, has so succinctly put it, paycheques are the solution. Canadians need opportunities to work. This puts food on their tables and produces tax revenue governments need to provide important services. It is time that the Liberals focus on creating opportunities for Canadians. There are many ways to achieve that objective. Stop raising taxes such as the carbon tax and the CPP payroll tax. Accelerate project permit application processing for infrastructure. Repeal Bill C-69 and Bill C-48. Ideas like these create space for a real recovery.

Let us pursue sustainability and fiscally responsible policies that get Canadians not just through this economic slump, but actually out of it.

Bill C-4—Time Allocation Motion

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, here we are again.

The government is using this procedure for the 58th time. That is unbelievable. This is the 58th time since the last election alone. The government is shattering all the records and the worst records at that. This government is obsessed with shutting down all debate.

Something to notice about this particular one, which I think makes the point as to why the Conservatives are so offline and so contrary to parliamentary rules and procedure, is that the bill they are rushing through under time allocation this time, which they had to rush through in the last stage of debate to get it to committee, was not looked at by the committee for three weeks.

The government hit the panic button in the House of Commons and shut down debate because it is such an urgent bill. We had to get to it right away. It was so vital to the economy, but of course, the finance committee did not look at it for the next 21 days.

A second piece of this time allocation, which is fascinating, is that the Conservatives make so many mistakes when they do this, when they shut down debate in Parliament. Bill C-4, which they are shutting down today, is there to make corrections to a previous bill that they rushed through Parliament, Bill C-60, which was making corrections to a previous bill that they rushed through Parliament, Bill C-48.

This is what the government does time and again. It keeps making these mistakes because it is in such a panic, yet it calls it good government and good order. It is not. It is bad legislation. It is bad process.

When is the government going to learn? This is no way to run a country.

Respecting Families of Murdered and Brutalized Persons Act

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I appreciate the opportunity to reply to the comments that have been made in the House over the last two hours of debate. I want to thank those members who have spoken out in favour of my bill and the importance of it and how it stands up for victims and the re-victimization that they face every time they have to attend an unnecessary parole board hearing.

I have to take a great deal of exception with some of the statements that were made by members across the way, that this is a government bill. That is an insult to my staff, who have worked on this bill so diligently. It is an insult to the Library of Parliament researchers and drafters, who helped in the drafting process. I can tell members that those types of comments are not at all helpful to the overall decorum of this place when it is trying to minimize us as private members in bringing forward business.

As I said in my opening comments, the catalyst for going forward with this bill goes back to 2009, when I first started thinking about what was happening with the Tori Stafford case, with the capture of Michael Rafferty and Terri-Lynne McClintic and the overall result of having them sentenced to life imprisonment.

While that was taking place, we were listening to the Clifford Olson saga as he was dying in prison from cancer and all the stories about how he re-victimized the families of his victims over and over again by making them appear at these unnecessary parole board hearings.

It is important that we respect one another in this place. Making those types of comments that minimize our role in this chamber as being puppets for the government is deeply disturbing. At some point in time, I may be requesting an apology from the members who made those statements.

Some of the comments revolved around the constitutionality of Bill C-478. I can tell members that is a concern that I had. I wanted to ensure that if we were going to draft a bill, it was not going to be struck down by the courts under a charter challenge. It would give full power and discretion to the judges, to the judiciary, to make the decision whether or not they wanted to increase parole ineligibility from 25 years up to a maximum of 40 years. They would have the power, either through a jury process or on their own, to make a decision whether or not parole ineligibility could be anywhere between 25 and 40 years.

It is important to know that these are the most depraved and sadistic murderers in Canadian society. These are the people who go to jail and are never again released. I think that is something that we have to take special note of. This is not about stiffer penalties and more punishment, because these murderers never ever are given parole ineligibility. Also, to ensure that this bill was constitutional, I wanted to fashion it after Bill C-48, which passed in 2011 just before the last election. That bill was proven to be constitutional and charter-compliant and so I fashioned our bill after that process.

Now, as was pointed by some members here, that maybe it is not perfect in its terms because it was a private members' bill, it was drafted by Library of Parliament and my staff working together. We are willing to accept any amendments that would improve the technical aspects and the legality of Bill C-478.

I have also taken note that some people said that victims' rights groups are not supporting this bill. I can tell members that Victims of Violence, led by Sharon Rosenfeldt, supports this bill; that Yvonne Harvey and the Canadian Parents of Murdered Children support this bill; the Association of Families of Persons Assassinated or Disappeared supports this bill; and the Canadian Resource Centre for Victims of Crime supports this bill.

Also, I heard from the NDP members in the first hour of debate that this bill would violate international law. They kept talking about the Rome Statute. However, I can tell members that the Rome Statute of the International Criminal Court applies only to genocides, crimes against humanity, war crimes and the crime of aggression.

This is a domestic bill, domestic law, and the power completely lies with the country and Parliament can make these decisions.

To point out the hypocrisy of the NDP, it supported Bill C-48 in the last Parliament. Why would it not support this bill, which is fashioned in the same format as Bill C-48 and would even go further in addressing the most depraved, sadistic murderers who go out and abduct children, abduct individuals, sexually assault them and then violently murder them? Those are the people we want to ensure we address. We want to ensure that the families of those victims would not have to be re-terrorized by these horrific individuals.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, now that we have been sitting for a week under our Conservative government's plans for a harder-working, productive and orderly House of Commons, I would remind all hon. members of what we have been able to achieve since just Victoria Day.

Bill C-48, the technical tax amendments act, 2012, was passed at report stage and third reading. Bill C-49, the Canadian museum of history act, was passed at second reading. Bill C-51, the safer witnesses act, was passed at report stage and we started third reading debate, which we will finish tonight. Bill C-52, the fair rail freight service act was passed at report stage and, just moments ago, at third reading. Bill C-54, the not criminally responsible reform act, was passed at second reading. Bill C-60, the economic action plan 2013 act, No. 1, was reported back from committee yesterday.

Bill S-2, the family homes on reserves and matrimonial interests or rights act, was passed at report stage and we started third reading debate. Bill S-6, the first nations elections act, was debated at second reading. Bill S-8, the safe drinking water for first nations act, which was reported back to the House this morning by the hard-working and fast running member for Peace River, has completed committee. Bill S-10, the prohibiting cluster munitions act, was debated at second reading. Bill S-12, the incorporation by reference in regulations act, was debated at second reading. Bill S-13, the port state measures agreement implementation act, was debated at second reading. Bill S-14, the fighting foreign corruption act, was debated at second reading.

We will build on this record of accomplishment over the coming week.

This afternoon, as I mentioned, we will finish the second reading debate on Bill C-51. After that, we will start the second reading debate on Bill C-56, Combating Counterfeit Products Act.

Tomorrow morning, we will start report stage on Bill C-60, now that the hard-working Standing Committee on Finance has brought the bill back to us. After I conclude this statement, Mr. Speaker, I will have additional submissions for your consideration on yesterday's point of order.

After question period tomorrow, we will get a start on the second reading debate on Bill S-15, Expansion and Conservation of Canada’s National Parks Act. I am optimistic that we would not need much more time, at a future sitting, to finish that debate.

On Monday, before question period, we will debate Bill S-17, Tax Conventions Implementation Act, 2013, at second reading. In the afternoon, we will hopefully finish report stage consideration of Bill C-60, followed by Bill S-2 at third reading.

On Tuesday, we will return to Bill S-2 if necessary. After that, I hope we could use the time to pass a few of the other bills that I mentioned earlier, as well as the forthcoming bill on the Yale First Nation Final Agreement.

Wednesday, June 5 shall be the eighth allotted day of the supply cycle. That means we will discuss an NDP motion up until about 6:30 p.m. This will be followed by a debate on the main estimates. Then we will pass to two appropriations acts.

Next Thursday, I would like to return back to Bill C-60, our budget implementation legislation, so we can quickly pass that important bill for the Canadian economy.

Bill C-52—Time Allocation Motion

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, we are delighted to hear that the minister is unblocked, finally.

That said, I think this is the fourth time in four days that I have risen to criticize this process, something that now seems to be standard practice for this government. They bring in a gag order to end debate.

What the Minister is not saying is that in 2006, the Prime Minister prorogued the House because he was about to be clobbered by the opposition parties. Such actions tend to derail bills. There were elections after that in 2008 and 2011.

Today, all of a sudden, on this beautiful May 29, we are told there is great urgency—in fact, we hear this every day. This is the fourth bill of its kind, and they are not trivial bills either.

There was Bill C-48, which dealt with all kinds of tax amendments, Bill C-49, meant to change the name and mandate of a museum, and Bill C-54, the Not Criminally Responsible Reform Act. These are not inconsequential bills.

Now we have Bill C-52 before us. I believe the cat was let out of the bag yesterday when a colleague of the minister rose to say that they were ultimately not interested in what people from the various ridings had to tell them. What interested them was what they, the Conservatives, had to say on those matters.

In their view, once we agree on a bill, we should be quiet, stay politely seated and not say another word because, in any case, they are not interested in what the people of Gatineau have to say, through their member, on the merits of the issue.

Only three hours were allotted for debate at third reading. That is appalling. It is a hijacking, not of a train, but of debate. It is shameful. For reasons unbeknownst to us, this is now part of this government's normal procedure.

I do not want to know whether the bill is good, since we are going to vote for it. I want to know why we are being compelled to do it this way. To date, the minister does not appear to want to give us an answer that is sensible and acceptable, at least for the people of Gatineau.

Canadian Museum of History Act

[The Speaker, Andrew Scheer]

I declare the amendment defeated.

There is a correction on the third reading vote at Bill C-48. The final result was yeas: 276; nays: 1.

The next question is on the main motion.

The hon. Chief Government Whip is rising on a point of order.

Technical Tax Amendments Act, 2012

[The Speaker, Andrew Scheer]

Pursuant to an order made Wednesday, May 22, 2013, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-48.

The House resumed from May 28, 2013, consideration of the motion that Bill C-48, An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation, be read the third time and passed.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Is he reading us a political leaflet or is it Bill C-48? I would point out that this bill has been in the making for 12 years—

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Again, Mr. Speaker, I have to raise a concern. The gentleman is not talking about Bill C-48. He is characterizing and not speaking to the importance of this bill and its different measures. We are in third reading, as the Speaker rightly pointed out. I would like the member to talk specifically about the different measures that are in this bill and to make sure Canadians understand the actions of the government regarding Bill C-48.

[The Speaker, Andrew Scheer]

I will again remind the hon. parliamentary secretary that there are opportunities to debate some of the issues that he has been bringing up. We are on third reading stage of Bill C-48. He has about five minutes left, and I trust that the remainder of his time will be spent addressing the actual substance of the bill.

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, I appreciate the passion the hon. member across has for his constituency. He is from the north. However, I do have to bring him back to the purpose of this bill we are debating this evening.

His question was with regard to a policy issue in the tax system. However, the bill we are dealing with today, Bill C-48, deals with legislation that has already been passed, that has had regulations and some changes to the Tax Act, or a number of other acts such as the Excise Tax Act. The purpose of the bill is to catch up on the tax changes that happened to the Tax Act. There is a legislative requirement that the House pass those minor changes to bring them into law.

The fact is that the CRA puts a note out with respect to the changes that are made. They go into effect virtually immediately and the industry, mostly the tax professionals, accepts those as being in place. However, this bill would actually put them into law.

It has been 10 years, and that is a long time. I do agree with the auditor's report that we need to be doing these minor catch-up tax amendments more often than every decade.

However, the question he asked has absolutely nothing to do with the bill.

[Mike Wallace, Conservative, Burlington, ON]

Mr. Speaker, it is my pleasure to speak to Bill C-48 and participate in this debate.

While this legislation is indeed a technical bill, as its name suggests, it is nevertheless important. The bill before us today has been over a decade in the making and represents over 10 years of miscellaneous tax announcements.

While Canadians have been repeatedly and broadly consulted on these measures, because they have not yet been formally enacted by Parliament, the tax system has become overwhelmingly backlogged. Previous attempts to pass technical tax legislation by governments of all stripes have been unsuccessful for a variety of reasons. Not only have governments attempted to address this backlog, the Auditor General has identified it as a matter of significant concern as far back as 2009.

All members can agree the time has come to formally legislate these technical amendments into our tax system. We all know that a sound tax system is one of the cornerstones of a strong economy and a strong economy is a top priority for our Conservative government. Through Canada's economic action plan, we are helping to ensure that all entrepreneurs and businesses have the opportunity to succeed in the global economy and continue to create jobs. That means keeping taxes low and the tax system predictable, as we are doing through today's legislation.

It also means we should have a tax system that is simple and fair for all. Indeed, our government is firmly and strongly aware of the importance of tax fairness, truly a concept that all members should understand and support. It is a basic principle that our government is committed to upholding, something that everyone, especially members, needs to remember if they try to skip out on their own taxes.

I will address that and other important tax issues in my time today as I discuss Bill C-48 in great detail. As members know, this technical bill would amend the Income Tax Act, the Excise Tax Act and other related legislation to simplify the tax system and make it more predictable, while also closing tax loopholes and creating a stronger and fairer tax system for all Canadians.

I should note that this bill and its measures were previously released for a repeated public consultation before its introduction in late 2012. To highlight the importance of that consultation, especially with tax professionals, the Office of the Auditor General at a recent meeting of the finance committee stated:

It was certainly part of our recommendation that the draft legislation be released for comment so that practitioners could provide input. That's an important part of the process. This means that before it actually gets tabled in the House, it's had input and it's not going to be a surprise to the practitioners. If there are any glitches, they can be straightened out.

As members can see, the proposals in this bill reflect the feedback our government has received from all Canadians, especially those tax professionals. Indeed, Bill C-48 has received its due diligence and our Conservative government is ready to move forward with ensuring tax fairness for all Canadians.

I should note that even the all-party finance committee endorsed this bill, without amendment, after a very detailed study. Witness after witness spoke in favour of the bill. This is what some of those witnesses had to say.

I will first quote from Gabe Hayos, Vice-President of Taxation, Canadian Institute of Chartered Accountants, who stated:

We support Bill C-48. The CICA understands how important it is for taxpayers to have greater certainty and a clearer understanding of Canada's federal income tax system.... Bill C-48 helps improve clarity and certainty, and it mitigates the negative effects of uncertainty identified by the Auditor General.

Second, Larry Chapman, executive director and chief executive officer of the Canadian Tax Foundation said at committee:

Bill C-48, the Technical Tax Amendments Act, 2012...represents 10 years of repairs and maintenance in updating the Income Tax Act and the Excise Tax Act. Its passage is important to all Canadians. You heard that in the earlier presentation. I want to emphasize it again. Its passage is very important to all Canadians....Delays in the passage of tax legislation leave taxpayers and their advisers in a no man's land of uncertainty. My message for the Standing Committee on Finance is that you should encourage passage of this legislation...

Paul Hickey, a tax partner of KPMG, added in his testimony at committee:

[I] ask Parliament to act decisively and to pass Bill C-48 to essentially clean the slate of this old pending legislation and to finally bring the Income Tax Act up to date. Taxpayers could then move on and focus on running their business, and the CRA could carry on administering and collecting tax in a more stable system.

Finally, we heard from Carole Presseault, vice-president of government and regulatory affairs, Certified General Accountants Association of Canada, who said at committee:

—I wish to say that we support the tabling of the bill and that we encourage you to move swiftly to pass this important piece of legislation. The bill deals with a massive backlog of unlegislated tax measures. Its passage would, in our opinion, bring greater clarity to the tax system and strengthen the integrity of our laws.

That is just a very small sampling of the support that the committee heard for the bill.

Let me highlight a number of points in the bill. I will do my best to recap it succinctly and as briefly as possible, especially in light of its technical nature.

Part 1 of the bill proposes enhancements to the Income Tax Act to better target and simplify rules relating to the non-residents trust, taking into account comments received during public conversation.

Parts 2 and 3 relate to the taxation of Canadian multinational corporations in respect to their foreign affiliates, the result of which would be a more fair and equitable international tax system.

Part 4 deals with ensuring that the tax rules work well under both common and civil law, while part 5 would close tax loopholes and create greater fairness for taxpayers.

This part of the bill would implement a number of integrity tax measures that were first publicly released in 2010, on which we have consulted extensively since then.

These particular measures would close loopholes relating to specific leasing of properties and ensure that conversion of specific investments flow-through trusts and partnerships into corporations would be subject to rules similar to those governing transactions between corporations.

It would deal with schemes designed to artificially increase foreign tax credits in order to reduce taxes. In fact, it would prevent that from happening.

Finally, it would implement a regime for information reporting on tax avoidance and of transactions.

As an overall package of items, these key initiatives would help crack down on tax avoidance and ensure that every Canadian paid their fair share of tax.

At the same time, part 5 also includes a number of very technical changes essentially designed to ensure that the income tax system functions in accordance to policy that it is intended to operate under.

Most of these technical changes would address issues identified by everyday Canadian taxpayers working through the application of the income tax rules in their own personal or working studies.

Part 5 would also implement an income tax amendment relating to the enactment of the Fairness of Self-Employment Act. It would provide a tax credit in respect of employment insurance premiums paid by self-employed individuals, a change that this government has made.

Part 6 of the bill would implement the technical amendments to the GST and HST, including relieving the GST and HST on the administrative services of collecting and distributing the levy on blank media imposed under the Copyright Act, which we updated.

Part 7 would amend the Federal-Provincial Fiscal Arrangements Act and the First Nations Goods and Services Tax Act to provide for technical changes concerning tax administration agreements.

Finally, Part 8 consists of coordinating amendments that would ensure that the tax amendments in this legislation interact properly with other legislation.

While these measures may seem technical, they are crucial to the fair and efficient functioning of our tax system and they have been consulted on a repeated basis. Now is the time to pass the bill.

Tax professional Carole Presseault again, who was one of the many expert witnesses who appeared before finance committee to speak to the importance of the bill and its passage, said:

—this bill needs to get passed. My concern doesn't result in the study of this bill. This bill has been studied; it's been consulted. My colleagues here, the witnesses, have also expressed that it's been extensively studied. Stakeholders have had an opportunity over the last decade to comment on the various provisions of this bill, and, yes, please, what's required is for it to be passed expeditiously.

Tax fairness and a competitive tax system are important to this government. As taxpayers, we are all forced to give up a part of our hard-earned income to fund government programs like health care, policing and other services for Canadians. We do so willingly and honestly and under the understanding that everyone is paying their fair share. Canadians who play by the rules do not like tax cheats and neither does this Conservative government. That is exactly why today's legislation would help fight tax cheats.

To quote noted tax practitioner Greg Boehmer of Ernst & Young, who also appeared in front of finance committee:

It's very clear that this legislation is aimed at fairness, that it does close a number of loopholes, and that it does broaden the base in certain circumstances.

Additionally, as part of our government's broader efforts to keep taxes low for Canadian families and ensure integrity in our tax system, economic action plan 2013 included a number of measures to close tax loopholes, address aggressive tax planning, clarify tax rules and reduce international tax evasion and aggressive tax avoidance.

As everyone knows, our government is very committed to closing tax loopholes that allowed a select few businesses and individuals to avoid paying their fair share. Ensuring that everyone pays their fair share also helps to keep taxes low for Canadian families and businesses, thereby improving incentives to work, save and invest in Canada.

Since 2006, as has been said before, our Conservative government has introduced a whopping 75-plus measures to improve the integrity of the tax system. Bill C-48 would work in partnership with other governments, improving efforts to promote tax fairness, a fact which did not go unnoticed during finance committee's careful consideration of this legislation.

When it comes to our Conservative government's priorities, the witnesses were absolutely correct. However, in addition to ensuring its integrity and fairness, our government remains dedicated to ensuring the tax system remains competitive so we can attract vital new business investment to Canada and to grow the economy and create jobs.

Lower Canadian taxes are critical in supporting economic growth by enabling Canadian business to invest more of their revenues back into their operations and into their workers. These businesses invest in machinery, equipment, information technology and other physical capital that are components of an improving Canadian productivity.

Taken as a whole, there is no question that our government's actions have made a noticeable difference. Canada now has the lowest overall tax rate on a new business investment in the G7, a policy proven to increase productivity and to contribute to a higher standard of living for all of us.

In conclusion, our government strongly believes that Canadians deserve lower taxes, not just a select few. That is why, since coming into office in 2006, Canadians from every walk of life are benefiting from the tax relief introduced by our government, such as the lowering of the GST and the landmark TFSA.

I would like to add that I have a 22-year-old daughter who is just starting out in the world. One of her questions to me recently was whether she should invest in a TFSA and whether that would that help her in the long run.

Our message is getting out there. I did not give her that message. She came to me about it. There are opportunities and the need for Canadians to invest and save.

Also, one million low-income Canadians have been removed from our tax rolls. This is a fact.

Our strong record of tax relief is saving the typical Canadian family of four more than $3,200 each year.

Also, our government has shut down tax loopholes in the system in order to stop people avoiding to pay their fair share of tax. Ensuring tax fairness is just another way that our Conservative government will keep taxes low for Canadians and their families. I am proud that the bill before us today will help us go even further in meeting that objective.

I encourage all my colleagues to vote in favour of tax fairness and to support this important legislation here this evening.

The House resumed consideration of the motion that Bill C-48, an act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation, be read the third time and passed.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, if any of my law faculty colleagues from long ago are watching right now, they will probably be sniggering because they will remember that tax law was not my favourite field. I would add that it was not the favourite field of many law students.

However, it is probably the subject that affects people's everyday lives the most. People always talk about the long arm of the government and how it finds all kinds of ways, each more imaginative than the next, to reach in and take what we earn with the sweat of our brow. Sometimes it does that under what is called the Income Tax Act. At other times it does so by means of hidden taxes, which are highly valued by the Conservatives, with charges levied on all kinds of things.

We pay our share every day and our money flows in many ways into the government's coffers. Many people will obviously wonder why I am rising to discuss Bill C-48. I am doing so because it has an impact on everyone's life. It has an impact on the lives of the people in my riding, Gatineau. That is as true for small businesses as it is for big businesses, but it is also true for individuals. They pay every day through the GST, and barely a month ago they did through their income tax returns, so this is not the easiest subject.

Earlier I flipped through the act and thought back on marvellous memories of my time at the law faculty and on the Income Tax Act, just from looking at a few sections of the act. I wondered why legislators were incapable of coming up with anything simpler.

I was listening to the member on the other side of the House who spoke before me. Several questions were put to her, all asking the same thing: why are we making technical amendments in 2013 that should have been in place since 2001? Let us get something straight. This is technical, but Bill C-48 is already in force by means of comfort letters.

People must understand that, from the moment the mean taxman decides that something must be done, it is done, even if it is not yet included in the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act or related legislation. From the moment a comfort letter is signed, the government takes that money from our pockets. This will therefore make little change to people's lives, but it will be much easier to access because it will finally be in the act. Comfort letters are all well and good, and they say what they say, but they are not always clear.

For individuals, our tax system is based on voluntary assessment. In other words, we rely on average Canadians to file their tax return by April 30. If they are lucky, and Revenue Canada does not ask them to produce various documents, they can use the short form. In fact, it is not over yet. Even for people with some training in taxation, it is not very straightforward.

As the Auditor General said, this is not like other bills, where we have seen three versions die on the order paper as a result of an election or prorogation forced by the Conservative government, whose agenda disappeared as if by magic. In this case, the work just was not done. The work was also not done by the Liberals, since the previous legislation dates back to 2001. Auditors general have been calling on the legislators of the House for ages to do something about this more quickly.

In this way, the public could immediately see the changes to the legislation.

In my opinion, the Conservative response to this matter does not stand up. The legislation has not had previous incarnations, nor has it taken a great deal of time, nor is it the opposition’s fault. That is absolutely not the case.

It has taken them this long to produce Bill C-48 and finally listen to what the Auditor General was telling them. What she was telling them was rather serious and blunt. She noted that there were more than 400 technical amendments, and there are barely 200 in Bill C-48.

In her fall 2009 report she said:

No income tax technical bill has been passed since 2001. Although the government has said [as quick as the devil] that an annual technical bill of routine housekeeping amendments to the Act is desirable, this has not happened. As a result, the Department of Finance Canada has a backlog of at least 400 technical amendments that have not been enacted, including 250 “comfort letters” dating back to 1998, recommending changes that have not been legislated.

If proposed technical changes are not tabled regularly, the volume of amendments becomes difficult for taxpayers, tax practitioners, and parliamentarians to absorb when they are grouped into a large package.

This is true, whether you are a New Democrat, a Liberal, the sole member of the Green Party or one of the few from the Bloc Québécois. This is true for everyone, including the Conservatives.

In the 1991 Report of the Auditor General, chapter 2, the Auditor General expressed some concerns that income tax comfort letters were not announced publicly. We are talking about chapter 2 of the Auditor General's report from 1991. In response, the Department of Finance Canada stated that:

…the government intends to release a package of income tax technical amendments on an annual basis, so that taxpayers will not be subject to more lengthy waiting periods as in the past before amendments are released to the public.

Comfort letters have since been regularly released to the public. However, in the past 18 years, very few technical bills have been introduced and passed. Only four of the bills relating to income tax have been passed.

A few sentences in my colleague's speech caught my attention. I found them surprising because it seemed to me that I had heard them yesterday as well. It is important to understand that all these bills are subject to a time allocation motion, be it Bill C-48 today, Bill C-54 last night or Bill C-49, which is to come and will not be spared either.

Introducing a time allocation motion for Bill C-48 seems particularly outrageous, especially when the members opposite do it ad nauseam, parroting the lines written and produced for them by the office on the third floor.

They are trying to tell us that this has been before the House for 200 days, yet Bill C-54 was also in the House for 200 days, as was Bill C-48, and Bill C-49 probably will be, as well.

With its majority, the government can advance its agenda as it pleases. Perhaps we are moving at a snail's pace because the government does not really know where it is going. It improvises a little and all of a sudden it realizes that the session may end and that it will leave a lot of things unfinished. That is why it is speeding everything up.

I hear people say we are repeating ourselves, but that is not the case. The message the people of Gatineau want me to send the Conservative government, particularly on Bill C-48, is that they are fed up with provisions so inaccessible and incomprehensible to the average person that everyone would like us to change those aspects.

When I got to page 13 of the Income Tax Act, I had covered only three sections, and I was already getting fed up.

Yet I was a lawyer for 30 years. I studied tax law. I was elected as a member in 2004. I have analyzed many budgets, and I have seen the Income Tax Act in all its forms, as a member of both the government and the official opposition. I was not born yesterday, but this can be hard to grasp even for someone like me.

Small businesses also point out a problem I regularly hear about in my riding of Gatineau. For a small business required to complete all the forms, the disproportionate amount of red tape is good only for the numbers expert industry.

When members of the middle class or less privileged individuals want to do the right thing and pay their taxes, but do not really know how the system works, they have to go see an expert to be sure they make no mistakes. Few people like to make mistakes when it comes to taxes. However, some people manage to divert a large portion of what they owe in taxes even though they make millions of dollars. Authorities often go after lower-income individuals and treat them like criminals even though some people are forced to make arrangements with the Canada Revenue Agency, Revenu Québec or other organizations simply because everyday life is hard for them.

We get these kinds of messages in our ridings. True, we will vote for the bill, but the Conservatives tell us to shut our traps the moment we agree with them. We are no longer entitled to speak. I do not have the right to tell the House what the people of my riding would like to get from their politicians, and I was elected by 62% of the electorate, not 39% like the Conservative government. There are lessons to be learned from each of our ridings. That is what democracy means. It means electing 308 members of different political philosophies. Gatineau may not have the same problem as certain ridings in Alberta, British Columbia or the Atlantic provinces. That is what makes it possible for us to improve the situation together.

Voting in favour of a bill is not necessarily the same thing as giving the government carte blanche or saying that overall the bill is amazing. Sometimes, the government would do well to listen to us and follow the interpretation, which it does not often do. This is unfortunate, but there is a reason why it sticks to the script, like a racehorse running straight for the finish line. The Conservatives’ problem is that they often hit a wall because they fail to listen to what people were saying along the way. That is regrettable, but the message they are sending to all of our constituents is that their opinion does not matter in the least.

Yet if there is one issue that affects all Canadians, regardless of where they live, surely it is taxation. My grandmother always said that in certain areas of life, things should be the same for everyone. I am sure that she would qualify that statement, since some people are good at avoiding certain things. She used to say that some things were unavoidable, like death and taxes. She was right up to a point, although she would surely be turning in her grave at all of the tax avoidance measures that abound today.

While I am very pleased to see that Bill C-48 attempts to address certain problems, I am not fooled either. The Minister of Justice argues that by amending and toughening up certain laws, the problems of all crime victims will be resolved. That is not true. If the government fails to put more police officers on the highways and to increase funding for psychological support services, then it will not accomplish anything. The same holds true for tax avoidance.

If there are not enough agents to properly investigate cases of tax avoidance, or better still, of tax evasion, we will hit another wall.

Again, this is a problem that the Conservatives have. They have an extremely narrow vision of how to get from point A to point B. They are incapable of appreciating that in order to get to point B and the desired outcome, they might have to make a small detour. The Conservatives just do not do certain things, like admitting they were wrong or that they made a mistake. According to an old saying, a fault confessed is half redressed. They have a hard time with that and again, that is unfortunate.

Bill C-48 is a sound piece of legislation, but it does resolve everything. Had we not had to contend with this time allocation motion, we would have been able to hear a lot more from my colleagues, and maybe even from the Conservatives.

I listened to some of the speeches, and it was interesting to see what it is about this bill that makes some Conservatives react. Once they had dispensed with “we are the best, the nicest, the cleverest” or what have you, in the final 30 seconds, they tied it to what was happening in their riding. It was beneficial for all members of the House.

We can all learn from one another. I learn something from my colleagues who represent more rural regions. They in turn learn about what makes people in urban areas tick. Of course, there are different kinds of urban areas. There are large cities like Montreal, Toronto and Vancouver and cities like Gatineau, which is the fourth-largest municipality in Quebec. Gatineau’s problems are different because it is located right on the Ontario border. By talking to one another, it is possible to find real solutions.

When I served in Parliament from 2004 to 2006, I chaired the women’s caucus. Back then, my favourite expression was gender-based analysis, or GBA.

I would tell my male colleagues that GBA stood for gender-based analysis, not Game Boy Advance. When a bill was being drafted, we ensured that all of the facts were taken into account. We were not just concerned about women.

The best example I can give you is young people who drop out of school. If the facts show that young boys are the ones who drop out of school and a policy is needed to address that situation, then young boys will be the focus of that policy. That logic will dictate our actions.

We accomplish things by talking to one another, by discussing matters and especially by listening and by being willing to admit that sometimes ours is not the absolute truth. However, this government is absolutely incapable of understanding that someone other than the PMO may have some sound ideas or be right. Just imagine having to admit that the NDP had a sound idea. The government thinks the sky would fall and something terrible would happen if it admitted that. How utterly ridiculous and how out of touch with the public.

When I weigh everything, I tell myself that maybe this is what the Conservatives really want in the final analysis. All this really does is leave the public fed up, and what happens when people are fed up? The Conservatives are gambling on two possible outcomes: either that people will come out in force and vote them out of office, which I am hoping will be the case because people no longer want to have anything to do with them, or that people will stay home because they are sick and tired of the whole process. The Conservatives are gambling that the second scenario will play out.

I think people have to realize that while they may not be interested in politics, something like Bill C-48 affects their day-to-day lives, starting with taxation.

Just think about the tax people pay every day on all kinds of things. If they were to calculate how much tax they pay throughout the year, not just income tax, but tax on items purchased at the corner store, at the grocery store, at the drugstore or elsewhere, they would realize that the government is truly omnipresent and that perhaps they should pay attention to politics.

I will be voting in favour of the bill, but it is not an end in itself.