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

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

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

Votes

May 29, 2013 Passed That the Bill be now read a third time and do pass.
May 27, 2013 Passed That, in relation to 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, not more than five further hours shall be allotted to the consideration of the third reading stage of the Bill; and That, at the expiry of the five hours provided for the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
March 7, 2013 Passed That, in relation to 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, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 7:25 p.m.
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NDP

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.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 7:25 p.m.
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Conservative

The Speaker Conservative 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.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 6:45 p.m.
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Conservative

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.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 6:25 p.m.
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Conservative

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.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 1:35 p.m.
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NDP

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. But 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.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 1:35 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I thank my colleague for her speech on Bill C-48 which, as she said, is quite long.

I would like to know if, as a parliamentarian, she thinks it is a good idea to have a bill that is about 1,000 pages. I would also like to know if she has read it. If she has, that means that when she votes on it, she will be voting with a full understanding of the situation, and she will know what she is voting on.

If she has actually read it and fully understands the content, I would like to know which measure in this bill she prefers.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 1:30 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, as the Certified General Accountants Association of Canada said, as they welcomed the passage of Bill C-48:

As the last technical income tax bill was passed by Parliament in 2001, a significant backlog has accumulated that must be addressed. The Government has consulted on the majority of these measures in recent years and now is the time for action.

The fact of the matter is that our government has consulted widely. It did start in 2001 before we were in government, but the ball was picked up because it had to be picked up. These tax loopholes had to be addressed.

As the member says, the bill is 1,000 pages long and it has now taken 200 days in this Parliament to pass it. When members opposite are talking about the speedy passage of this bill, one way that would be helpful is for all members opposite to support this bill and get it passed.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 1:05 p.m.
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Conservative

Joy Smith Conservative Kildonan—St. Paul, MB

Mr. Speaker, I rise today to contribute to this very important discussion on Bill C-48, the technical tax amendments act, and on our government's low-tax plan for jobs, growth and long-term prosperity.

Our government, through Canada's economic action plan, is creating the winning conditions for all businesses, and the people they employ, to compete in the global economy and to continue to create jobs. We are always looking to improve on this record while, at the same time, controlling spending by federal bureaucrats and maintaining the government's commitment not to raise taxes or cut transfers to Canadians and other levels of government.

Canadians understand the importance of living within their means, and taxpayers expect the government to do the same. That is why our Conservative government is committed to managing public finances in a sustainable and responsible manner, a commitment that underpins our plan to return to budgetary balance by 2015. It is this responsible financial management that put Canada in a position of strength when it came time to combat the global recession.

From 2006 to 2008, our government paid down over $37 billion in debt, thus enabling our government to implement the stimulus phase of Canada's economic action plan without leaving our country, like many other countries, in a vulnerable fiscal position. As a result, Canada weathered the global economic and financial crisis well, particularly when compared to all other G7 countries. In the words of the noted economist Don Drummond, there is not a single developed country in the world that would not kill to have our position.

To this day, the global economic environment remains fragile. The euro area is still in recession, and uncertainty regarding U.S. fiscal policy continues to weigh on growth prospects.

While Canada's economy is expected to continue growing at a modest pace, we are not immune to external developments. In these uncertain times, we all know that the absolutely most important thing any government could do is bolster confidence and growth and maintain a strong fiscal position.

This brings me to the subject of my address today, Bill C-48, the technical tax amendments act. This is a broad and complex topic, so I will keep my remarks focused on three basic points.

I will begin by describing the highlights of Bill C-48. I will explain how it bolsters tax fairness for Canadian taxpayers. Finally, I will discuss how it maintains the competitive nature of the Canadian legal jurisdiction.

We have legislation before us today that takes further action to strengthen Canada's tax system. We must ensure its swift passage. I urge all my colleagues on the other side of the House to get on board and help us ensure tax fairness for all Canadians, just as members of the finance committee did earlier this year.

As Mr. Lorne Shillinger of KPMG said, “Whatever the process is of getting this bill enacted, stick to it, full speed ahead”.

I could not agree more. Let us pass this legislation so that all Canadians benefit.

As an overview, let me note that this bill will amend the Income Tax Act, the Excise Tax Act and related legislation to close tax loopholes and create a stronger and fairer tax system for all Canadians. The bill contains proposals that have been public for many years and was the subject of numerous, wide public consultations. Therefore, the bill is not new to the House. I want to note that the proposals in the bill represent the feedback from those numerous public consultations. Even better, they all aim to ensure that everyone pays their fair share of tax and is treated equitably under our tax laws.

As the legislation is quite technical in nature, I will be brief in my summary of its highlights.

In part 1 of Bill C-48, our government proposes enhancements to the Income Tax Act to better target and simplify those rules relating to non-resident trusts, taking into account comments received during those public consultations I was speaking of.

Parts 2 and 3 relate to the taxation of Canadian multinational corporations in respect of their foreign affiliates. Once again, our government consulted extensively with the public and stakeholders on these proposals with the objective being the creation of a fair and more equitable international tax system.

Part 4 of Bill C-48 would ensure that the tax rules work well under both common and civil law.

Part 5 of the bill would close tax loopholes and create greater fairness for taxpayers. Indeed, this portion of the bill would implement a number of integrity tax measures from 2010, on which we have consulted widely, to address any issues that may exist.

These particular measures would, first of all, close tax loopholes relating to a specified leasing property. We have heard that before in this House. Second, they would ensure that conversion of specified investment flow-through trusts and partnerships into corporations would be subject to rules similar to those for transactions between corporations. Third, they would prevent schemes designed to artificially increase foreign tax credits in order to reduce tax. Finally, they would implement a regime for information reporting of tax avoidance transactions. These are very important. Taken together, these measures would help crack down on tax avoidance and ensure that everyone pays their fair share of tax.

Part 5 also includes a number of technical changes that are designed to ensure that the income tax system functions in accordance with its underlying policy intent. Many of these changes would address issues identified by taxpayers themselves in the course of working through the application of the income tax rules to their own situations.

I cannot stress enough how important it is that this legislation be passed. Implementing these technical changes responds to both the 2009 Auditor General's report and the 12th report of the Standing Committee on Public Accounts.

The Auditor General's report highlighted the importance of implementing technical amendments to give certainty to taxpayers and to the Canada Revenue Agency. The report recommended that technical measures be released on a regular basis. Indeed, Ms. Vicky Plant, Principal in the Office of the Auditor General of Canada, said this to the finance committee: “Mr. Chair, when the Department of Finance determines that some changes have to be made to the Income Tax Act, it is important that legislative changes be tabled in the House of Commons promptly”.

With this legislation, our government had done so. The report of the Standing Committee on Public Accounts I just mentioned that once technical bills have been tabled, it is up to Parliament to ensure that they are passed.

It is not only the standing committee that feels that it is important for Parliament to pass this legislation. I will read a few quotes from tax experts who appeared at the finance committee earlier this year and pleaded for the swift passage of Bill C-48.

Kim Moody, of Moodys LLP Tax Advisors, said: “[O]ur firm supports the passage of Bill C-48.... [I]t is important to get it passed”.

Greg Boehmer, of Ernst and Young, said: “[W]e greet Bill C-48 with a sense of relief and hope to see its speedy passage”.

Andrew Kingissepp, of Osler, Hoskin and Harcourt LLP, said: “I would encourage all parties to enact this proposed legislation into law at the earlier opportunity”.

I again implore my colleagues across the way to ensure that Bill C-48 passes swiftly. It is critical to the integrity of the tax system that we do just that as parliamentarians in this House.

Not only does Bill C-48 respond to the above-mentioned reports, but it achieves other goals as well. Part 5 implements an income tax amendment relating to the enactment of the fairness for the self-employed act. It provides a tax credit in respect of employment insurance premiums paid by self-employed individuals. Part 6 of Bill C-48 implements technical amendments to the GST-HST, including relieving the GST-HST on the administrative service of collecting and distributing the levy on blank media imposed under the Copyright Act. This is very important.

Part 7 amends 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 coordinates amendments that ensure that the tax amendments in Bill C-48 interact properly with all other legislation. As all of the measures in the legislation have been examined in greater detail by the finance committee, I wish to emphasize that the underlying goal of this legislation is to simplify the tax system, make it easier to comply and administer, and create more fairness for all Canadian taxpayers.

Ensuring that everyone pays their fair share helps to keep taxes low for everyone and it improves incentives to work, save and invest. It attracts companies to our country. It attracts business in Canada. This is very important. Allow me to quote Mr. Larry F. Chapman, executive director and chief executive officer of the Canadian Tax Foundation, who stated to the Standing Committee on Finance earlier this year:

Bill C-48, the Technical Tax Amendments Act, 2012, the so-called tech bill, is a massive piece of legislation....but it represents 10 years of repairs and maintenance in updating the Income Tax Act and the Excise Tax Act.

When members opposite stood in the House and showed the massive tax act bill, this is what this gentleman was referring to. It is a massive piece of legislation and represents 10 years of repairs and maintenance in updating the Income Tax Act and the Excise Tax Act.

He further stated:

Its passage is important to all Canadians... I want to emphasize it again. Its passage is very important to all Canadians.

They are awaiting its passage in Parliament, waiting for parliamentarians to do the right thing.

All of us as taxpayers are obligated to provide a portion of our hard-earned incomes to fund health care, social programs and other vital services to Canadians. We do so willingly and honestly, asking only in return that governments both manage our tax dollars wisely and ask no more from us than our fair share. Canadians can count on our government to do both.

I hope all members in the House who were elected would commit to that basic fundamental principle of paying their fair share of taxes. It is troublesome when we hear of members who have not done that. Broadening and protecting the tax base supports the government's efforts to return to balanced budgets, responds to provincial governments' concerns about protecting provincial revenues on a shared tax basis and helps give Canadians confidence that our tax system is fair.

As part of the government's continuing commitment to keep taxes low for Canadian families and to ensure the integrity of the tax system, I am happy to report that economic action plan 2013 proposes a number of measures to close tax loopholes, address aggressive tax planning, clarify tax rules and reduce international tax evasion and aggressive tax avoidance. Members on all sides of the House have mentioned this. The government is committed to closing tax loopholes that allow 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, including measures proposed in economic action plan 2013, the government has introduced over 75 measures to improve the integrity of the tax system. The government is taking steps in economic action plan 2013 to improve the integrity of the tax system in several ways, such as further extending the application of Canada's thin capitalization rules to Canadian resident trusts and non-resident entities; ensuring that the lost pools of trust cannot be inappropriately traded among arm's-length persons; enhancing corporate anti-loss trading rules to address planning that avoids these rules; ensuring that derivative transactions cannot be used to convert fully taxable ordinary income into capital gains taxed at a lower rate; eliminating unintended tax benefits relating to leveraged, insured annuities; and eliminating unintended tax benefits relating to leveraged life insurance arrangements, commonly known as the 10/8 arrangements.

These are but a few of the improvements that are being proposed here today. In addition, economic action plan 2013 will provide the Canada Revenue Agency with new tools to enforce the tax rules to reduce international tax evasion and aggressive tax avoidance such as extending the normal reassessment period by three years for taxpayers who have failed to report income from a specified foreign property on their annual income tax return and failed to properly file the foreign income verification statement known as form T1135. This does happen quite legitimately sometimes, but it has to be addressed. Other tools include revising of form T1135 to require reporting of more detailed information; streamlining the process for the CRA to obtain information containing unnamed persons from third parties such as banks; requiring certain financial intermediaries, including banks, to report to the CRA their clients' international electronic funds transfers of $10,000 or more; and announcing the CRA's new stop international tax evasion program that will pay rewards to individuals with knowledge of major international tax non-compliance.

While ensuring its integrity and fairness, our government continues to work hard to ensure that the tax system remains competitive so that we attract new business investment in the Canadian economy that creates jobs that Canadian families depend on. Lower taxes play a particularly important role in supporting economic growth by enabling businesses to invest more of their revenues back into their operations. These business investments in machinery, equipment, information technology and other physical capital will boost Canada's productivity and help Canadian businesses grow and create more jobs.

As we all know, our government's tax changes have greatly improved Canada's business environment and tax competitiveness. Canada now has the lowest overall tax rate on new business investment in the G7. Our government recognizes that low taxes increase the productive capacity of the Canada economy as well as Canadian living standards. It is this productivity growth that allows businesses to hire additional workers or offer higher wages to expand production and earn more profits.

Our government is committed to lower taxes for all Canadians. That is why, since coming to office in 2006, we have introduced broad-based tax relief such as lowering the GST rate from 7% to 5% and introducing the tax-free savings account. In total, we have introduced more than 150 tax relief measures. Canadians at all income levels are benefiting from tax relief introduced by our government, with low-income and middle-income Canadians receiving proportionately greater relief. Indeed, more than one million low-income Canadians have been removed from the tax rolls. Our strong record of tax relief is saving the typical Canadian family of four more than $3,200 a year.

The legislation before us today takes us even further toward this tax fairness objective. Once again, I encourage the NDP and Liberals to support this important legislation and to help create greater tax fairness for all Canadians.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 12:50 p.m.
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NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I am pleased to speak in the House in support of Bill C-48 at third reading.

This is a rather large bill that is more than 1,000 pages long. I just want to point out that Bill C-48 looks like a mammoth omnibus bill. It is a two- or three-inch-thick brick with more than 1,000 pages.

Last year, we had the mammoth Bill C-38. Then we had the mammoth Bill C-45. Now we have Bill C-48, which is extremely large and complex. What is more, the font is quite small. It is very hard to read and very complicated.

It makes many technical changes to the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, and other legislation. This topic may seem very technical and unappealing to many people, but these changes are often necessary and can have a significant impact on the Canadian economy. The majority of the measures proposed in this bill have already been in place for many years, but the bill makes them law.

Unfortunately, the massive size of this bill shows that there is still work to be done to convert similar technical changes into legislative measures in a timely fashion. Failure to update our tax code on a regular basis makes it hard for Canadians, business people in particular, to find any clarity in our tax system. We must also look at the growing complexity of tax law and focus on the need to simplify it over time.

The more complicated the system, the more flaws it contains, and the more room there is for loopholes. When that happens, then there are bound to people who will take advantage. That is why it is important to simplify everything.

On that subject, I would like to quote the 2012 pre-budget submission from the Certified General Accountants Association of Canada:

[We] strongly believe that the key to sustained economic recovery and enhanced economic growth lies in the government’s commitment to tax reform and red tape reduction.

CGA-Canada went on to make two recommendations. First, it recommended modernizing Canada's tax system to make it simple, transparent and more efficient. Second, it proposed implementing a “sunset provision” to prevent future legislative backlogs.

The government has been very slow to legislate technical amendments. In a report tabled about four years ago, in 2009, the Auditor General at the time, Sheila Fraser, pointed out that the Department of Finance Canada had a backlog of at least 400 technical amendments that had not been enacted. Here is what her report said:

No income tax technical bill has been passed since 2001.

It is now 2013. That means that two previous governments have been asleep at the switch, and for a considerable amount of time. Today's majority government has been in power for nearly a decade, yet an income tax technical bill has not been passed. What is it doing? We do not know.

Sheila Fraser's report goes on to say:

...the government has said that an annual technical bill of routine housekeeping amendments to the Act is desirable...

Yet we know that nothing has been introduced since 2001. They are not doing what the Auditor General suggested:

...an annual technical bill of routine housekeeping amendments...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.... 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.

At one point, people said that Beta videocassettes were the future. We no longer use videocassettes. We are making technological advances. The same thing applies to taxes. It is time for us to get up to date.

Obviously, the size of this bill and the long period of time that passed between the introduction of the previous technical bill and this one show that this process still needs improvement.

On another topic, the NDP thinks that we need to combat tax avoidance and tax evasion, while preserving the integrity of our tax system. That is why we support the changes that this bill makes, particularly those aimed at reducing tax avoidance.

However, we also believe that much more needs to be done to truly address the problem of tax evasion.

According to some estimates, the Canadian tax system is losing between $5.3 billion and $7.8 billion in revenue a year to tax evasion alone. The International Consortium of Investigative Journalists recently acquired a long list of individuals from all over the world who are holding billions of dollars in tax havens. According to the consortium, approximately 450 Canadians are on that list. We are not just making this up. We need to find out where all of this money is going.

What is more, according to the information that was recently published by Statistics Canada on foreign direct investments, Canadian investments in the top 12 tax havens worldwide exceeded $170 billion, which is equivalent to 10% of Canada's GDP.

It is true that the majority Conservative government is capable of losing track of $3 billion earmarked for public safety. As a result, it may have difficulty understanding what I am saying about tax evasion. I understand since the government has trouble implementing its own budget.

One of the main reasons why wealthy Canadians and large corporations want to put their money in tax havens is to simply avoid paying their fair share of taxes. That means billions of dollars in lost tax revenue for the federal government and fewer new jobs in Canada.

The government boasts that it has announced new investments to combat tax evasion, but unfortunately, this new money totals just one-quarter of the $113 million that this government has spent since 2009 to advertise its budgets.

Furthermore, the government has made some $250 million in cuts to the Canada Revenue Agency. These cuts led to the loss of about 3,000 jobs within that department.

The government is cutting the jobs of the people who are supposed to be working on combatting tax evasion. The Conservatives want to reduce the size of government—cut the red tape, as they say—but at what cost? They do not realize that sometimes we have to rely on the people who are able to help us. I do not think the Conservatives truly understand how important it is to combat tax evasion.

In spite of the government's lack of conviction, we believe that Bill C-48 will have a positive impact and will help discourage tax evasion.

In conclusion, the sheer size of this bill shows that the government must be more responsible in managing the tax system. More specifically, the government must ensure that it periodically passes legislation on proposed tax measures. Failure to do so creates uncertainty for business people, jurists and tax experts, and makes it nearly impossible for parliamentarians to do their jobs when they are faced with bills as big as the one we have today.

I must point out how important it is to focus on compliance to guarantee the integrity of the tax system.

The NDP believes that we must eliminate tax loopholes and work harder to combat tax havens. This government is tired and it is time for a change.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 12:35 p.m.
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NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, I will be sharing my time with the hon. member for Québec.

Unfortunately, Bill C-48 is a story of failure. It is the story of our tax laws that have never been updated. This bill is currently over 1,000 pages long, which is a significant number. Although the previous member's speech was excellent, if I were to ask him to quickly summarize the content of these 1,000 pages, he would be hard pressed to do so. It would not be easy. I will not ask him to do so, but I tip my hat to anyone in the House who can tell me that he has a perfect understanding of Bill C-48, the bill on which we are going to vote. Understanding a 1,000-page legal document about taxes is quite a feat.

There is a backlog of 400 technical amendments. Bill C-48 will address 200 of them. The other 200 will not be resolved, mainly because they are outdated and no longer necessary. The law is so old that the regulations are no longer relevant. In 2006, we wanted to close a tax loophole affecting airlines. The airlines took advantage of that loophole and are now increasingly making use of tax havens. What was proposed in 2005 and 2006 has therefore lost its relevance because the law is too old. For five or six years, there was a tax loophole that was not closed. That is unfortunate.

This situation dates back to 2001. I understand that our Liberal colleagues are not always present, but I hope that they will wake up. They were in power in 2001. The boom in tax loopholes occurred under the Liberal government. It was actually quite embarrassing. With regard to shipping companies, the finance minister at the time had the House pass a bill that allowed him to avoid paying taxes. His shipping company no longer had to pay very much in taxes to Canada.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 12:10 p.m.
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Conservative

Terence Young Conservative Oakville, ON

Mr. Speaker, I am pleased to rise today to speak to our government's low tax plan for jobs and growth and how this important tax legislation, Bill C-48, the technical tax amendments act, 2012, would fit into that plan.

Through Canada's economic action plan, our Conservative government is continuing to create jobs and grow our economy. We are doing this while keeping taxes low and sticking with our prudent and responsible plan to return to balanced budgets in 2015.

I would like to remind all members of the House that our fiscal responsibility and aggressive debt reduction has placed Canada in an enviable fiscal position. While other countries continue to struggle with debt that has spiralled out of control, Canada is in the best fiscal position in the G7. In fact, Canada's net debt to GDP ratio is the lowest level among G7 countries by far.

While the NDP and Liberals want to engage in reckless spending, our Conservative government is on track to return to balanced budgets in 2015. Our plan to get back to balanced budgets is working. In the past two years we have already cut the deficit by more than half. Economic action plan 2013 builds on these efforts to reduce government spending by announcing an additional $1.7 billion in ongoing savings. Overall, measures taken by our government since budget 2010 will result in total ongoing savings of roughly $14 billion.

Unlike the NDP and Liberals, our Conservative government will not raise taxes on Canadian families and businesses to balance the budget.

Today we have legislation before us that, while technical, will help our government achieve this objective and help make the tax system more predictable. The bill would amend the Income Tax Act, the Excise Tax Act and related legislation to close tax loopholes and create a stronger and fairer tax system for all Canadians.

The bill contains proposals that have been previously released for public consultation on numerous occasions for many years. In fact, many of the proposals in the bill reflect the feedback that government received from Canadians and aim to ensure that everyone pays their fair share of tax and is treated equitably under our tax laws. Simply put, when everyone pays their fair share, tax rates can be kept low, something that benefits all Canadians.

I would like to take a moment and speak to some of the very important measures in the bill and their purpose. Although the legislation is quite technical in nature, I will be brief in my overview of the bill.

I will commence with part 1 of the act, which would modify the provisions of the Income Tax Act dealing with the taxation of non-residence trusts. These changes reflect the proposals initially publicly announced back in the winter of 2010, as well as from the feedback received from public consultations held the following summer.

Part 2 and 3 deal directly with the taxation of Canadian multinational corporations with foreign affiliates, implementing changes, some of which date all the way back to 2004, that will make Canada's tax system more fair and equitable, not to mention easier to administer.

As is the case with the majority of measures contained in the bill, these changes are again the result of extensive public consultations.

Part 4 of the bill deals with the concept of bijuralism. More specifically, it contains amendments that would ensure that the bill will function effectively in both the common law and the civil law. This means that amendments dealing with certain private law concepts, such as right and interest, real and personal property, life estate and remainder interest, tangible and intangible property and joint and severable liability, will accurately capture both common and civil law in both official languages.

Part 5 of the bill focuses on fairness for taxpayers by setting out a number of measures to close tax loopholes, ensuring that all Canadians pay their fair share. Specifically, the bill would close tax loopholes related to specific leasing property, ensure that conversion of specified investment flow-through trusts and partnerships into corporations are subject to the same rules as transactions between corporations, prevent schemes designed to shelter tax by artificially increasing foreign tax credits and, finally, implement a regime for information reporting of tax avoidance transactions. Taken together, these measures would help crack down on tax avoidance and ensure that everyone paid their fair share.

These measures, taken in conjunction with our government's recent action to curb tax avoidance in economic action plan 2013, affirm our continued commitment to making the tax system more fair and equitable for all Canadians, a subject that I will expand on in a moment.

At the same time, part 5 also includes a number of important but technical changes that are designed to ensure that the income tax system functions in accordance with its underlying policy intent. Many of these changes are relieving in nature and would address issues identified by taxpayers in the course of working through the application of the income tax rules to their own situations.

Part 5 would also implements an income tax amendment relating to the enactment of the Fairness for the Self-Employed Act. This would extend the personal income tax credit in respect of employment insurance premiums to apply also to such premiums paid by self-employed individuals.

Part 6 of the bill would implement technical improvements to the GST-HST, including relieving the GST-HST on the administrative service of collecting and distributing the levy on blank tape imposed under the Copyright Act.

Part 7 provides for administrative changes to the Federal-Provincial Fiscal Arrangements Act.

Finally, part 8 contains some housekeeping amendments to ensure coordination between provisions of the Income Tax Act, the Jobs and Growth Act, 2012 and the Pooled Registered Pension Plans Act.

All of these parts have been examined in great detail at the finance committee, where they received the support of all parties.

In my time remaining, I will just highlight that the underlying goal of all the measures in this legislation is to simplify the tax system, make it easier to comply with and administer and to create more fairness for all Canadian taxpayers.

The overwhelming majority of hard-working Canadians and business owners pay their taxes. They do so willingly and honestly. Others, shamefully, try to skip out on their taxes and avoid their fair share and, eventually, suffer embarrassing and costly legal ramifications when they are caught.

However, honest Canadians expect their government to manage their tax dollars with respect and that they be asked to pay their fair share and not a penny more. Our government fully understands that sustaining a voluntary tax system rests on the foundation of tax fairness. It is a simple concept and one that we on this side of the House grasp and support.

The fact is that we cannot expect taxpayers to continue to pay their share if they see that others are not. Tax fairness is a basic principle that our government is committed to upholding and we make no apologies for doing so. We are proud of our record and we are building upon it. In fact, that is precisely what this technical tax amendments act, 2012, would do.

Indeed, several witnesses who appeared at the finance committee as part of its study earlier this year noted how today's legislation would improve tax fairness for all taxpayers. For example, Mr. Greg Boehmer of Ernst & Young remarked, “It's very clear that this legislation is aimed at fairness”. Mr. Lorne Shillinger of KPMG echoed this sentiment in regard to Bill C-48, saying, “It's preserving the integrity of the tax system and it's time to get this bill passed”.

Ensuring everyone pays their fair share means tax rates can remain low and our government can ensure that Canada's fiscal house stays in order. Balancing the budget and reducing debt means that tax dollars that would have otherwise been absorbed by interest costs are freed up. These dollars can then be reinvested in the things that matter most to Canadians, like lower taxes. This is what Canadians expect and deserve.

As I mentioned earlier, our government is committed to improving the integrity and fairness of Canada's tax system by closing loopholes that allow few businesses and individuals to avoid paying their fair share of tax. Consistent with global efforts to close tax loopholes in their respective tax systems, measures introduced by this government will protect hard-working families that play by the rules, reaffirming the government's ongoing commitment to tax fairness.

Indeed, since 2006, and including the measures announced in economic action plan 2013, our government has introduced over 75 measures to improve the integrity of the tax system.

If I might take a moment, I would like to highlight some of the many measures in economic action plan 2013 that will work to close these tax loopholes, address aggressive tax planning, clarify tax rules and combat international tax evasion.

First and foremost, economic action plan 2013 announced the stop international tax evasion program. This new program would allow the Canada Revenue Agency, CRA, to pay individuals with knowledge of major international tax non-compliance a percentage of the tax collected as a result of information provided.

Other measures would include requiring Canadian taxpayers with foreign income or properties to report more information and extending the amount of time CRA had to reassess those who had not properly reported this income, as well as streamlining the process for the CRA to obtain information concerning unnamed persons from third parties, such as banks, and requiring certain financial intermediaries, including banks, to report their clients' international electronic funds transfers of $10,000 or more to CRA.

Our Conservative government's record on strengthening tax fairness is clear. I am sure all members agree on closing loopholes. Permitting a select few businesses and individuals to skip out on paying their fair share of tax is simply unacceptable. Most Canadians would be shocked and disappointed if any elected member would tolerate tax evasion. For this reason alone, I hope I could count on the support of the members opposite in passing this very important legislation.

That is not all. In addition to ensuring the integrity of our tax system, our government continues to work hard to ensure that the tax system remains competitive so we can continue to attract new business investment into the Canadian economy. Canadian tax reductions that play a particularly important role in supporting economic growth are those that enable businesses to invest more of their revenues back into their operations. Indeed, our government has reduced the small business tax rate to 11% and lowered the federal business income tax rate to 15%.

Over all, since 2006, our low-tax plan has resulted in $28,600 in savings for a typical small business, or almost 35%. Savings like this allow small businesses to make investments in their local communities, be it through new machinery, new equipment, a new location or, even better, hiring more people.

Not only that, it is this productivity growth that allows businesses to allow more workers and offer higher wages to Canadians in order to expand production and become more successful. In fact, the Canadian Manufacturers & Exporters agrees with this assessment. It said:

Reducing business taxes creates jobs, boosts investment, makes Canada more competitive and puts more money in the pockets of the Canadians...business tax cuts are critical drivers of the Canadian economy...

Moreover, since July 2009, over 900,000 net new jobs have been created, the strongest job creation record in the G7. What better indication than this to show that our low-tax plan is working?

Clearly, our government is committed to lower taxes for all Canadians. These are just some of the examples of our government's commitment to keeping taxes low for Canadians. Indeed, since 2006, we have cut taxes over 150 times, reducing the overall tax burden to its lowest level in 50 years. We cut taxes in every way government collects them, from personal taxes, consumption taxes, business taxes, excise taxes and much more. In fact, our strong record of tax relief has meant savings for a typical family of four of over $3,200 in 2013. Furthermore, we have removed over one million low-income Canadians from the tax rolls altogether.

Unfortunately, the NDP and Liberals continue to vote against these tax savings measures that help Canadian families and Canadian businesses. The tax legislation before us today would help to further our government's objective of keeping taxes low and the tax system predictable.

One wonders if the NDP and Liberals would support a piece of legislation that supports that plan. As I hear hon. members speaking today, it sounds as though the official opposition is going to, for which I thank them. I hope they will support it and not fight closing tax loopholes that only benefit a select few.

Why would anyone oppose ensuring that everyone pays their fair share of tax? I hope that all the members opposite will see the merits of this legislation and show their support for it by giving it swift passage.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 11:50 a.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to thank the member for Chambly—Borduas for agreeing to share his time with me. I am very grateful.

I am pleased to rise today to speak to Bill C-48, which is a step any government would need to take in order to update our Income Tax Act. It is a relatively complex law. To begin, I would like to point out that I am not a tax expert or an accountant. I did study the bill, which is about 950 pages long. I did not read the whole thing because, unfortunately, I ran out of time this morning. I do understand the broad strokes of the bill, however.

As a parliamentarian, I must say that it is always disappointing to be faced with bills of such scope. I would be surprised if a single one of my colleagues has read the entire 950 pages, one by one, and knows exactly what is in this bill, unless they happen to be one of the public servants who wrote it. It is always disappointing to see such massive bills, which no average person has the time to read or reflect on. We are asked to vote on these kinds of bills, as was the case for budget implementation Bills C-38 and C-45, which were 400 pages each.

They were mammoth bills, like today's. I must say that these are important and useful measures. They have their purpose, but it is important to mention that more frequent updating could have at least made things easier for MPs. We would not have had to read 950 pages today if tax laws had been updated more frequently over the past 10 years.

The most recent technical bill of this nature dates back to 2001, and it is now 2013. As a result, some things have been dragging on for over a decade and need to be changed for the better. This bill is not flawed, but before going into details, I wanted to point out that a bill of this size is problematic for MPs and prevents them from doing their job properly.

With a 950-page bill, we need to wonder whether the government has done a good job. Why did the government wait so many years to introduce it? Why not introduce it earlier? More frequent updates would have helped. That point was raised several times in committee. I did not have the opportunity to be there, but I read the transcript.

As the member for Sherbrooke, I agree with the principle of having a clearer system and more frequent updates to allow for more effective management, particularly for businesses and individuals who do their taxes each year and must comply with fairly complicated legislation. The Income Tax Act must be one of Canada's largest pieces of legislation at hundreds of pages long.

Of course, the NDP believes that we must fight tax avoidance and tax evasion while preserving the integrity of our tax system. That is why we support the changes proposed in this bill, for they are meant to address issues that allow tax avoidance. This is not a mammoth bill like the budget implementation bills, Bill C-38 and Bill C-45, but still, it is nearly 1,000 pages long. There is a difference though. This time, these are very technical measures that we supported and that we will support again at third reading.

These changes are important. I would like to talk about the major changes, so that the viewing public can understand what they mean.

Part 1 of the bill deals with offshore investment fund property and non-resident trusts in accordance with proposals announced in budget 2010 and August 2010. These measures will ensure the taxation of Canadian residents' worldwide income from all sources.

Part 1 will therefore update the legislation in order to guarantee the integrity of the tax system and prevent tax avoidance. Of course, the NDP supports this change in order to try to keep our tax system as clear as possible. The NDP also wants to make tax avoidance impossible in any way, shape or form.

We realize that the existing legislation has some loopholes that people can use to avoid paying part of their taxes or to evade taxes in other countries. This fight will never end. People will always try to find ways to get around the law. Unfortunately, that is just how society is; some people will always try to abuse the system. As legislators, we must ensure that these people are punished or amend the legislation so that these things never happen again.

Parts 2 and 3 of the bill deal with taxation of corporations with foreign affiliates.

Part 4 deals with something important that I wanted to address as well, and that is bijuralism, an important aspect of our Canadian legal system. In Quebec we have civil law and the rest of Canada has common law. These are two different types of law. Part 4 deals with this situation that can sometimes be unclear and cause confusion.

It is therefore important in the Canadian context that these legal systems be respected in our federal laws, laws that apply to the entire country. There are differences between civil law and common law when it comes to real property, personal property and joint and several liability. The bill addresses these issues and clarifies them for individuals and businesses that have to deal with these differences.

Most of the changes are based on the specific circumstances of people in industry. In their testimony, they made their case to the legislators and the government to have the changes made. As the member for Sherbrooke, I pay taxes every year like everyone else, but I cannot put myself in the shoes of those whose tax circumstances are different or who are part of a business, for example. It is therefore important to have their comments so that we, as legislators, can change things that are flawed. Obviously, nothing is perfect.

In closing, I take issue with the size of the bill and the fact that the government waited so long to introduce such a technical bill. I am in favour of having a clearer, more precise process that is used more frequently so that the necessary changes can be made more quickly with smaller bills that are easier for parliamentarians to understand.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 11:35 a.m.
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NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, first of all, I would like to say that I will be sharing my time with my colleague, the hon. member for Sherbrooke.

Contrary to what we just heard, while the government is trying to make up stories about a non-existent carbon tax, Bill C-48 has to do with actual tax-related issues.

This is not a platform for Conservative members to invent stories. No, this is a very important process. We are looking at how the system will change, as well as at the implementation of certain procedures and recommendations that came out of letters sent by the Minister of Finance, communications with accountants, for example, and pre-budget consultations.

We certainly support the various measures in the bill. As a result, we will be supporting the bill today at third reading.

However, a number of aspects of the overall process are problematic, and some issues have to be given due consideration. We were given 1,000 pages all at once. People will wonder how we can support what is basically a 1,000-page omnibus bill after we opposed the omnibus budget bills introduced in the past year. The answer is simple. The difference today is that we are discussing a bill that deals with the same subject, namely, various related acts. This is not like what happened last year. For example, Bill C-38 covered employment insurance reform, environmental protection and so on. For that reason, we do not have a problem with this bill.

What does bother us about the omnibus nature of this bill is that many of these measures have been dragging on for over a decade. We are not the only ones saying so. The former Auditor General also commented on the situation in her 2009 report. At that time, she pointed out that there were 400 measures that had not yet been enacted. These measures were proposed in comfort letters from the Minister of Finance or previous finance ministers in recent years, but none of them had been legislated.

I will explain how this works for the benefit of our viewers. Unlike with other bills, tax-related measures such as these are initially implemented through comfort letters in order to expedite their application. However, the House of Commons must later pass a bill to truly finalize these measures.

What the former Auditor General meant was that 400 measures had been proposed but that the House had not yet passed legislation on them. Bill C-48 contains only 200 of these 400 measures, so there is still a great deal of work to be done.

I mention this because the former Auditor General is not the only one who raised this problem. Various members of the business and accounting communities have also done so. They have testified before the Standing Committee on Finance and written letters to the Minister of Finance and the various MPs who have held that position in the past 10, 12 or 13 years, while these measures have sat on the shelf.

These people have said that it is not good for the business community, small businesses or people who have to deal with the tax code or the tax system. There is a great deal of uncertainty. The finance minister tells them that certain measures are going to be implemented but then the government waits 5, 10, 13 or 15 years before it passes legislation on these measures.

This creates a certain amount of uncertainty, which is not good for the economy, or for business people and individuals who are trying their best to understand issues that are already quite complex. Very few people outside the accounting community can really stand up and say that they truly understand the entire tax code. It is extremely complex. Fortunately, we have accountants who can help us to understand it. However, they are the ones who are saying that this somewhat haphazard approach is causing them problems.

Although we support these measures and therefore the bill, I believe that this process and this debate highlight the fact that the process needs to be reviewed and made faster.

If the minister is going to promise measures to business people, accountants and everyone concerned, those measures need to be passed in a timely manner, which has not happened in the past. Another issue that was raised is the fact that a number of measures are being passed at the same time. We need to avoid that.

As I explained, this omnibus bill is less problematic than the budget implementation bills. However, to wake up one morning to all these measures and so many related tasks will create a lot of work for accountants, business people and the public, who want to understand how the government manages the taxes they pay. It is important to make the process easier, and that is what the government should be focusing on.

As I already mentioned, we need to look at how the world is currently evolving. Tax season brings with it television ads encouraging people to buy tax software. People are making money off that, which is fine. I am not out to attack or criticize them. However, let us put ourselves in the shoes of someone who is not a tax expert. In my opinion, if the government simplified the process and made it more efficient and easier to comprehend, the public would be in a better position to understand how the system works. People would be more inclined to trust the government and how it spends taxpayers' money.

Just look at the current climate: people do not have a lot of faith in how their elected representatives are spending their tax dollars. This would be a step in the right direction and a good way to regain the public trust. Of course, this is not the ultimate solution. However, the government should have a closer look at this issue, and that is what the bill before us proposes.

I am not a member of the Standing Committee on Finance, but I had a chance to read the testimony given at that committee. It is quite interesting, because it shows just how out of touch past Liberal governments and the current Conservative government have been with reality as expressed by various accountants' associations during pre-budget consultations. They stated repeatedly that the government really needs to re-evaluate the situation.

The bill contains measures that have been under discussion since 1998. The time frame is completely absurd. If I were a small business owner who had to pay taxes and was trying to understand these measures, I would see that some of these measures were supposed to have been incorporated into our tax law in 1998 or 2001. It is 2013, and they have not yet been incorporated.

These measures are not yet part of the legislation. I see that as a serious problem. The process really needs to be re-evaluated. Every political party in the House would agree to that. Furthermore, members of the Standing Committee on Finance could examine it.

I will close on that point, Mr. Speaker. I am pleased to have had the opportunity to speak to the process, because although we support the bill, this has really highlighted some of its flaws. I think we need to use this debate as an opportunity to address these flaws and find ways to improve the system. We should not have to do this every 15 years, nor should we have to add hundreds of tax measures at the same time. A more appropriate approach would be better for taxpayers, entrepreneurs and accountants, to name a few.

Thank you, Mr. Speaker, and I now invite questions and comments from my colleagues.

Technical Tax Amendments Act, 2012Government Orders

May 28th, 2013 / 10:35 a.m.
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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, I am pleased to be speaking at third reading on Bill C-48. It is largely a housekeeping bill that implements technical matters that have been introduced previously. Most of the measures that are contained in this bill were recommended by the Auditor General.

The Liberal Party supports Bill C-48 and we would like to see it passed quickly. The overarching theme of the bill is the need for clarity and certainty in the administration of Canadian law. That is certainly something that the Liberals support and we see it as an important function of the government in its service to Canadians.

I would like to spend a bit of time speaking about how this bill and taxes, since the bill is about tax changes, are serving Canadians' needs. I would like to make some comments from my perspective, not only as the member of Parliament for Vancouver Quadra, but also as a former businesswoman from a business that became international in its scope.

As a business person for 25 years, my understanding of one of the key imperatives of service is to continually improve the quality of service to those we wish to serve. In business shorthand, we could say that people are looking for faster, cheaper and better service. Who would not want that? Who would not want the goods and services that are provided to them to be provided more quickly, in a less costly manner and at a higher standard of quality?

Faster, cheaper and better are what people expect. Are we getting that from the Conservative government with respect to taxes and tax changes? Certainly, this bill is not an example of faster service. In fact, this is the third time that some elements of this technical tax bill have been introduced since 2001. It has taken far too long to bring this bill to the House. Some of these tax measures have languished in draft form for nearly a decade. For example, the provisions in part 3 of this bill, which deal primarily with reorganizations of and distributions from foreign affiliates, were first released on February 27, 2004 and we are now in May 2013.

What happens when tax measures take such a long time? Many of these measures were introduced by the Conservative government a number of years ago. These measures were introduced with a great deal of fanfare and then never actually brought into force because of delays. It does bring the question: Why wait so many years and then lump everything together in this 955-page bill, rather than give the kind of certainty that citizens of this country deserve and expect?

In fact, in meeting with the small business community as the critic for small business, I have heard feedback about the kinds of frustrations and costs that are incurred through not having had this bill earlier. There is a great deal of confusion when the government announces a certain tax change but does not actually take the steps to put forward the bill to make those changes law. The kinds of costs that small businesses will incur in having accounting and professional and legal consultations to help them understand the implications of these measures that have not actually been made into law are preventable. The bill could prevent confusion and expense for the business community. It has actually been a form of red tape on our small businesses that it has taken so long for the bill to be put forward.

Now that the bill has been put forward, I want to comment on the government's ability to apply its laws regarding taxes and to serve the needs of Canadians and small businesses with respect to the vast complexity of the tax regime in our country.

The Conservative government tends to put forward literally dozens of boutique tax measures that are not supported as part of a clear, simple and effective tax system but more as tax measures that are clearly designed to attract votes from one segment of the population or another. As a result, we have a much more complex tax system than we had before.

Does the Canada Revenue Agency have the resources to assist people in finding their way back to the quality improvement mantra of having faster, cheaper and better service? Is the government providing that to Canadians who are struggling with tax complexities? My answer would be no.

The overarching theme of the debate on Bill C-48 is the need for clarity and certainty in the administration of Canadian tax laws. However, the government's ability to respond to this major need is threatened by the Conservatives' cuts to the Canada Revenue Agency.

The Conservatives targeted the CRA in budget 2012 by reducing the agency's funding by $253 million per year. In addition, budget 2013 provides for further cuts to the agency, amounting to $61 million per year. The cumulative cuts to the CRA therefore total $314 million annually.

Even before the cuts were implemented, the CRA had trouble issuing advance tax rulings in a timely manner. The government's goal is to inform taxpayers of advance tax rulings within 60 days. This may be an acceptable timeframe, but the agency now needs 106 days, on average, to provide such rulings to taxpayers.

We are seeing that the cuts to the Canada Revenue Agency are making its service far slower and certainly not faster, as we would expect in the business community. The business community expects an organization to continue to improve its service, so its service could be faster, cheaper and better. If the government had been providing service in private enterprise, it would have failed and gone out of business long ago because of these unfortunate reversals in the speed and effectiveness of service. We have now gone from 60 days to 106 days for serving customers' information needs with respect to changes in tax laws.

I had meetings with former Yukon member of Parliament Larry Bagnell, who has been advocating for many years for services to citizens in Yukon. The one and only CRA office for Yukon used to be in Whitehorse, but that has been closed, so people living in Yukon no longer have a single agent to talk to in person when filing or asking questions about their taxes. How frustrating for people. That certainly is not better service; it is in fact far worse service.

People can go online to try to connect with this huge agency and get service, but many people in Yukon do not have access to the equipment or the high broadband Internet to do that. Many would have to drive for many hours to get to a place where they could engage the CRA to help serve their information needs.

I appreciate the work that our former colleague and MP, Larry Bagnell, has done on behalf of constituents in the Yukon. Even now that he is no longer a member of Parliament, he has become a voice for their needs.

I am not sure where the current member for Yukon stands with respect to the closure of the CRA office in Whitehorse. I will not comment further on that. However, this does have huge implications for people, especially for low-income, less educated people living in remote communities and for seniors, all of whom used to use this business office on a regular basis.

We have a pattern here of service not being faster but slower, and it certainly is not better. Is it cheaper?

Taxes are important as part of a sustainable society. Canadians by and large accept that taxes are positive because they help to purchase public goods that we need for our society, whether those goods are environmental safeguards, programs that create equality of opportunity for Canadians, or tax regimes that reduce income inequality. “Taxes” is not a four-letter word to most Canadians.

However, what Canadians expect and deserve is honesty from their government about their tax regime. They expect competence, transparency and honesty, but since 2010 there have been new, hidden tax increases that exceed the new reductions each and every year.

That is not what the current government has been promoting in terms of its image to Canadians. The Conservatives have not been honest and forthcoming and transparent about the fact that they have been increasing taxes on Canadians each and every year since 2010, and these are not minor tax increases. In fact, if I go back to an analysis of these tax increases, we would see that in budget 2010 there was a set of tax increases. There was a set of tax decreases, of course, but the net impact would be to increase taxes by $729 million over five years from the measures announced in budget 2010. That is almost $1 billion in tax increases.

Did the Prime Minister go forward and say this is how they are going to pay for goods and services, by increasing our taxes? I did not hear that from the Prime Minister, nor did I hear that in the budget speech from the Minister of Finance.

As well, there are impacts on small businesses in each and every one of these years in terms of increased taxes, meaning less money in the pockets of the men and women in small business who are the engines of job creation in our economy.

Let us look at budget 2011. In budget 2011, again there are hits on small business. In fact, the individual pension plan program is seeing, over five years, $75 million in reduced funds in the pockets of people who are utilizing that tax-planning tool. However, the key here is that the bottom line in budget 2011 is $2.168 billion in net tax increases over five years. It is over $2 billion.

What about budget 2012? Here we saw a huge undermining of the well-being of the small-business community in terms of extra taxes on employees' profit-sharing plans and over $1 billion less in support for the research and investment tax credit, the SR and ED tax credit regime in this country. That is more than $1 billion taken out of the support that the government was providing for good public policy reasons.

Why should government support scientific research and development? It is because scientific research and development provides, by and large, a public good. People in small business cannot afford to invest in research that soon becomes available to all of their competitors without having some support through this tax credit. That is how it is for the public good. The government supports something that becomes a benefit for all of society, and that is much of what happens with small business research and development.

However, that tax credit was reduced by over $1 billion for a net increase in taxes, as announced in the budget, of $3.547 billion. It is over $3 billion more out of the pockets of Canadians and small businesses, thanks to budget 2012.

In budget 2013, once again we have tax increases that exceed the tax reductions, this time to the tune of $3.3 billion. This is a big-tax government.

The challenge Canadians have in even understanding what the government is doing is that there is no transparency and no honesty here. There are hidden tax increases that now have a cumulative impact of almost $10 billion over the period covered by these announcements. It is cumulatively $10 billion dollars out of the pockets of Canadians and small businesses.

Who knew that? This is something the government has kept hidden. Is that cheaper service? No, government is actually costing taxpayers almost $10 billion more cumulatively, without actually revealing that it is doing that.

Why has the Conservative government felt a need to increase taxes with these incremental net increases of $10 billion, as I have laid out and as expressed in budgets 2010 to 2013? Could it be that since the Conservatives took office, annual federal spending under the Conservative government has risen to $280 billion, which is an increase of more than 30%? That is certainly not providing faster, cheaper and better service. It is very much more expensive service.

This is a government that inherited a $13 billion budget surplus in early 2006, but within a matter of a few years we were running deficits, and the government continues to run an annual deficit this year of $26 billion. There may be a change when the budget is balanced, but it may take a long time.

These tax increases hurt middle-class Canadians and small businesses. We have spoken at large and at length about the impact of the increase in tariffs on Canadians, which is driving them across the border to get goods cheaper. We have talked about how tax increases are hurting our tourism industry, an industry that used to be rated seventh among countries for international visits but that has dropped to 18th in international visits. This is hurting our tourism industry. We now have a $14 billion tourism deficit.

There are many comments I could make about how these hidden tax increases have hurt our economy and our small businesses, but I will give one last indication of the impact this government has had on small business.

In the last five years of the previous Liberal government, small and medium-sized businesses created over 460,000 jobs, but in the first five years under the Conservatives, the overall net number of jobs created by small and medium enterprises was negative. The number actually fell by 10,000 jobs.

Therefore, we do not have faster, we do not have cheaper, and we certainly do not have better service from the Conservative government. In fact, the spending choices the government is making with these tax increases are not supported by Canadians. Economic action plan advertising alone has cost $113 million, and I know that Canadians would rather that money were used for student summer jobs. Every second these ads for the economic action plan air during Hockey Night in Canada is another second that another young Canadian does not get the support that he or she previously enjoyed to have a summer job. Every second we are losing a job for youth.

I am happy to answer questions on how I see the government's spending choices as being part of this failure to provide faster, cheaper and better service to those the government was elected to serve, the Canadian people.