Tax Conventions Implementation Act, 2013

An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes

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

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.

This enactment implements four recent tax treaties that Canada has concluded with Namibia, Serbia, Poland and Hong Kong. This enactment also implements amendments to provisions for the exchange of tax information found in the tax treaties that Canada has concluded with Luxembourg and Switzerland.
The tax treaties with Namibia, Serbia, Poland and Hong Kong are generally patterned on the Model Tax Convention on Income and on Capital developed by the Organisation for Economic Co-operation and Development (OECD). The amendments to the treaties with Luxembourg and Switzerland ensure that their provisions for the exchange of tax information reflect the current OECD standard on this matter.
Tax treaties have two main objectives: the avoidance of double taxation and the prevention of fiscal evasion. Since a tax treaty provides relief from taxation rules in the Income Tax Act, it becomes effective only after being given precedence over domestic legislation by an Act of Parliament such as this one. Finally, for each instrument implemented by this Act to become effective, it must be ratified after the enactment of this 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

June 10, 2013 Passed That, in relation to Bill S-17, An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes, not more than five further hours shall be allotted to the consideration of the second reading stage of the Bill; and that at the expiry of the five hours provided for the consideration of the 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.

Tax Conventions Implementation Act, 2013Government Orders

June 4th, 2013 / 12:30 a.m.
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Conservative

Tax Conventions Implementation Act, 2013Government Orders

June 4th, 2013 / 12:30 a.m.
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Conservative

Corneliu Chisu Conservative Pickering—Scarborough East, ON

Mr. Speaker, I am delighted and pleased to rise in the House to kick off the debate on a rather technical and routine piece of legislation, Bill S-17, the tax conventions implementation act, 2013.

Before I begin, I would like to take this opportunity to thank the Senate for its initial work on this bill. I especially want to thank the members of the Senate banking, trade and commerce committee for its thorough review of Bill S-17 earlier this year. I would also like to extend thanks to all the witnesses who appeared at that Senate committee, for their appearance and their high-quality testimony on a subject that can often be technical. For those wondering why this bill started in the Senate first, I should note that, going back to 1976, the convention has been to bring tax convention legislation to the Senate first. In fact, there have been 30 different pieces of tax convention legislation in front of Parliament since 1976.

As members are aware, Bill S-17 proposes to implement tax conventions or tax treaties, either new or updated, with Canada and the following countries: Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland. These new and updated treaties would augment Canada's strong network of tax treaties. Indeed, currently Canada has comprehensive tax treaties in place with 90 countries, one of the world's largest networks of bilateral tax treaties. This is an important feature of Canada's international tax system, a feature that is key to promoting our ability to compete.

What is more, we continue to work on agreements with other jurisdictions, as demonstrated in today's legislation. As part of Canada's ongoing effort to update and modernize our network of income tax treaties, Bill S-17 would achieve two important objectives. First, it would help combat tax evasion by ensuring Canada works with other countries to stop tax cheats. Second, it would help encourage global trade by preventing double taxation. Clearly, I would hope that all parliamentarians and all Canadians would agree that everyone should pay their fair share of taxes.

I think we are all agreed that it is not appropriate that some corporations would take advantage of Canada's tax rules to avoid paying their fair share, or that some wealthy individuals would use an offshore account to hide income tax or evade tax. We are against tax cheats because those tax cheats are essentially hiking taxes on honest Canadians. Honest, hard-working Canadians and small-business owners are left having to pay more taxes when cheats do not pay their fair share, and that is simply not fair.

However, to detect and deter those tax cheats, the Canada Revenue Agency needs to work with and share information with foreign tax agencies around the world. To this end, Canada supports the international consensus to work through the Organisation for Economic Co-operation and Development, or OECD, to set an international tax information exchange standard. That standard is implemented under bilateral tax treaties and tax information exchange agreements like those new and updated treaties included in Bill S-17.

The second objective I mentioned referenced encouraging global trade by preventing double taxation. Here at home, our government has worked hard to cut taxes. In fact, we have done it 150 times, in every way government collects taxes, from the GST to personal tax to business tax and much more. We firmly believe that a more competitive tax system helps create an environment that enables Canada's entrepreneurs to excel, not a tax system that punishes entrepreneurs and stands in the way of their success, both here in Canada and abroad.

After all, if we want higher wages, more jobs and a higher standard of living, we need entrepreneurs to succeed and grow. That creates investment, jobs and helps make our--

Tax Conventions Implementation Act, 2013Government Orders

June 4th, 2013 / 12:35 a.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. The hon. member for Pickering will have 15 minutes remaining.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4 p.m.
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Macleod Alberta

Conservative

Ted Menzies ConservativeMinister of State (Finance)

moved:

That, in relation to Bill S-17, An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes, not more than five further hours shall be allotted to the consideration of the second reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the 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.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Before I proceed with this, I also wish to inform the House that because of the deferred recorded divisions, government orders will be extended by 30 minutes this evening, or tomorrow morning as the case may be.

Pursuant to Standing Order 67.1, there will now be a 30-minute question period. I now invite hon. members who wish to ask questions to rise in their places so the Chair has some idea of how many members wish to participate in this debate. As there is a significant number, in the questions and comments we will follow a similar procedure to that during debate. The members will have about a minute and 15 seconds to put their questions and a similar amount of time for response.

The hon. House Leader of the Opposition.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:05 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, I will put my question to my friend across the way. We are engaged now in another shutting off of debate. The Conservatives have broken every record known to Canadian parliaments by a long shot now, where we have so many that we start to lose count.

The curiosity for us is that, without breaking any confidentiality, we engaged in good faith negotiations about this bill and some others that have since been shut down by the Conservative government. We were working out a way for the House to be productive because, in the thrust, we support the legislation.

For the government to move time allocation, it may in fact actually cost the House more time using the process that it is, as opposed to doing what parliaments are meant to do, which is try to work together to make good things happen for the country. We are in the process and not so much the substance of this particular bill.

On the process, I have to ask my friend, what is going on over there? We try to reach out and make things work, and assign a little bit of certainty to the way the debate will progress so that we can move legislation forward and make it better, perhaps. The government slams open an open door.

What about time allocation and shutting down debate does the Conservative government love so much? Why is it addicted to cutting off the conversation that is our Parliament and allowing MPs to do their work?

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:05 p.m.
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Conservative

Ted Menzies Conservative Macleod, AB

Mr. Speaker, I think anyone watching this debate will recognize that my friend across the way and I actually get along quite well on many things. I do want to share with him that what I am addicted to is actually getting things done for Canadians.

When we see a piece of legislation that the hon. member just said opposition members support, I would suggest that we should probably get on with it as quickly as we can. This process is necessary to make sure that we get these pieces of legislation. We have repeatedly had to do this, because we have heard speeches time and time again in debate where we could almost hit replay on some of the speeches. I have even sat in my office sometimes when I am not on duty and watched.

That is not an expeditious use of those members' time, our time or the time of the House. It is very important. Canadians have listened to this. To Canadians who are listening to this debate, I would encourage them to understand the principles behind what it is that we are passing.

There have been 100 days of discussion and debate on this. I think it is time to move on.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, my view differs quite substantially from what the minister has just stated. In fact, the government's attitude toward due process is quite shameful.

Ever since we have had the Conservative reform majority government, there has been a negative change in attitude that comes right from the Prime Minister's Office. It is disrespectful to the proper procedures here inside the House of Commons. Every member of this chamber should be very much aware of the degree to which the Conservative government is preventing legitimate, due diligent debate on a wide variety of bills.

We have done this now over 40 times. That is over 20 hours absolutely wasted because of the government's need to bring in time allocation. It is shameful. The Leader of the Government in the House of Commons and the Prime Minister are doing a great disservice to Canadians and to our democratic system.

My question is not for the minister, but rather for the Leader of the Government in the House of Commons, who has a responsibility in good faith to negotiate with opposition parties. The question is very simple. Why is he refusing to negotiate in good faith with all opposition parties in the House, so that bills can be dealt with in a more timely fashion and in the best interests of all Canadians?

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:10 p.m.
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Conservative

Ted Menzies Conservative Macleod, AB

Mr. Speaker, I do not want to speak for other ministers. They are quite capable of speaking for themselves.

However, in answer to that, the urgency we feel is in getting this piece of legislation passed, which is very much a housekeeping piece of legislation that has received more than 100 days of parliamentary debate. Folks back home watching this would say that should be enough for all witnesses who would like to comment on this to appear and for all parliamentarians who would wish to comment on it to have ample opportunity to do that.

However, I sense a bit of sensitivity coming from the Liberal Party perhaps because we are working on stopping international tax havens. I am sure there is some sensitivity on behalf of the Liberals. They do not want to see this happen because one of their caucus members actually has $1.7 million in a tax haven, as my understanding would have it.

I think we should get on with fixing this as fast as we can.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:10 p.m.
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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I have the honour of being the official opposition's revenue critic and do not know of the 100 days of which my friend speaks. If he is referring to the other place, there are no representatives from the official opposition there.

I understand we offered an arrangement to get what the parliamentary secretary properly calls a housekeeping bill to the floor for debate, but there are things that need to be talked about. Canadians want to see some debate on this matter.

Is the parliamentary secretary using time allocation to show Canadians that the Conservatives do not trust the parliamentary process? Is that why time allocation is being applied when we are in favour of this bill? Could he explain that?

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:10 p.m.
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Conservative

Ted Menzies Conservative Macleod, AB

Mr. Speaker, forgive me if I am not understanding the reasoning here, but if the opposition members are indeed in favour of it then why should we not move forward with this piece of legislation and actually accomplish what it very definitively sets out?

This is a double taxation agreement with countries such as Namibia, Serbia, Poland, Luxembourg, Switzerland and Hong Kong. These are important trading partners. They are not just trading partners but very important financial sectors, especially Hong Kong. We do a lot of financial transactions back and forth with Hong Kong. A lot of our financial institutions are doing an incredible amount of work. At last count we have three-quarters of a million Canadians living in Hong Kong.

We think this is very important. If the hon. members on both sides of the House are in support of it, let us move on to another piece of legislation about which we can have some reasonable debate. If everyone is in favour of it, let us vote for it.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:10 p.m.
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NDP

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

Mr. Speaker, we should all have counters on our social media screens to watch the numbers go up: 38, 39, 40, 41, 42, 43.

Every time there is an obstacle and we lose time in the House because of a time allocation motion, we should see the number go up. Perhaps if we all had that on our television screens, then this government might understand that we are entitled to speak in the House. This is the only way to inform our constituents about what is happening with bills if they do not attend the committee hearings.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:10 p.m.
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Conservative

Ted Menzies Conservative Macleod, AB

Mr. Speaker, indeed there has been an opportunity, which is all recorded, that being the debates that happened within the Senate, within the Senate committees. I would encourage hon. members to go back to that.

Once again, if all hon. members support this piece of legislation, then we should make the best use of our time and get on with the substantive discussions. I am sure the Speaker would encourage us to do that. We are offering the time to actually debate this piece of legislation, to talk about the benefits of it.

I might share with this House that I just had meetings with the OECD, and one of the primary roles it is playing right now is on base erosion and profit shifting. It is doing a consultation paper for the G20 leaders when they meet later on. Every country is concerned, but specifically the OECD members, with this profit shifting, a term we are not used to using here but I think pretty much explains itself, that being the shifting of profits to lower tax jurisdictions.

That is part of what we are doing here. Since the Liberals started this process of these tax treaties, there have been 30 of them that have been set out in legislation in this government and previous governments. It is nothing new. Hon. members could have done their homework to see exactly what we are doing and why we are doing it. There was ample time for that.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:15 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the truth is that this is the 43rd time the Conservatives have imposed closure.

Bill S-17—Time Allocation MotionTax Conventions Implementation Act, 2013Government Orders

June 10th, 2013 / 4:15 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Forty-four.