Economic Action Plan 2014 Act, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 implements income tax measures and related measures proposed in the February 11, 2014 budget. Most notably, it
(a) increases the maximum amount of eligible expenses for the adoption expense tax credit;
(b) expands the list of expenses eligible for the medical expense tax credit to include the cost of the design of individualized therapy plans and costs associated with service animals for people with severe diabetes;
(c) introduces the search and rescue volunteers tax credit;
(d) extends, for one year, the mineral exploration tax credit for flow-through share investors;
(e) expands the circumstances in which members of underfunded pension plans can benefit from unreduced pension-to-RRSP transfer limits;
(f) eliminates the need for individuals to apply for the GST/HST credit and allows the Minister of National Revenue to automatically determine if an individual is eligible to receive the credit;
(g) extends to 10 years the carry-forward period with respect to certain donations of ecologically sensitive land;
(h) removes, for certified cultural property acquired as part of a gifting arrangement that is a tax shelter, the exemption from the rule that deems the value of a gift to be no greater than its cost to the donor;
(i) allows the Minister of National Revenue to refuse to register, or revoke the registration of, a charity or Canadian amateur athletic association that accepts a donation from a state supporter of terrorism;
(j) reduces, for certain small and medium-sized employers, the frequency of remittances for source deductions;
(k) improves the Canada Revenue Agency’s ability to provide feedback to the Financial Transactions and Reports Analysis Centre of Canada; and
(l) requires a listing of outstanding tax measures to be tabled in Parliament.
Part 1 also implements other selected income tax measures. Most notably, it
(a) introduces transitional rules relating to the labour-sponsored venture capital corporations tax credit;
(b) requires certain financial intermediaries to report to the Canada Revenue Agency international electronic funds transfers of $10,000 or more;
(c) makes amendments relating to the introduction of the Offshore Tax Informant Program of the Canada Revenue Agency;
(d) permits the disclosure of taxpayer information to an appropriate police organization in certain circumstances if the information relates to a serious offence; and
(e) provides that the Business Development Bank of Canada and BDC Capital Inc. are not financial institutions for the purposes of the Income Tax Act’s mark-to-market rules.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the February 11, 2014 budget by
(a) expanding the GST/HST exemption for training that is specially designed to assist individuals with a disorder or disability to include the service of designing such training;
(b) expanding the GST/HST exemption for services rendered to individuals by certain health care practitioners to include professional services rendered by acupuncturists and naturopathic doctors;
(c) adding eyewear specially designed to treat or correct a defect of vision by electronic means to the list of GST/HST zero-rated medical and assistive devices;
(d) extending to newly created members of a group the election that allows members of a closely-related group to not account for GST/HST on certain supplies between them, introducing joint and several (or solidary) liability for the parties to that election for any GST/HST liability on those supplies and adding a requirement to file that election with the Canada Revenue Agency;
(e) giving the Minister of National Revenue the discretionary authority to register a person for GST/HST purposes if the person fails to comply with the requirement to apply for registration, even after having been notified by the Canada Revenue Agency of that requirement; and
(f) improving the Canada Revenue Agency’s ability to provide feedback to the Financial Transactions and Reports Analysis Centre of Canada.
Part 2 also implements other GST/HST measures by
(a) providing a GST/HST exemption for supplies of hospital parking for patients and visitors, clarifying that the GST/HST exemption for supplies of a property, when all or substantially all of the supplies of the property by a charity are made for free, does not apply to paid parking and clarifying that paid parking provided by charities that are set up or used by municipalities, universities, public colleges, schools and hospitals to operate their parking facilities does not qualify for the special GST/HST exemption for parking supplied by charities;
(b) clarifying that reports of international electronic funds transfers made to the Canada Revenue Agency may be used for the purposes of the administration of the GST/HST;
(c) making amendments relating to the introduction of the Offshore Tax Informant Program of the Canada Revenue Agency;
(d) permitting the disclosure of confidential GST/HST information to an appropriate police organization in certain circumstances if the information relates to a serious offence; and
(e) clarifying that a person cannot claim input tax credits in respect of an amount of GST/HST that has already been recovered by the person from a supplier.
Part 3 implements excise measures proposed in the February 11, 2014 budget by
(a) adjusting the domestic rate of excise duty on tobacco products to account for inflation and eliminating the preferential excise duty treatment of tobacco products available through duty free markets;
(b) ensuring that excise tax returns are filed accurately through the addition of a new administrative monetary penalty and an amended criminal offence for the making of false statements or omissions, consistent with similar provisions in the GST/HST portion of the Excise Tax Act; and
(c) improving the Canada Revenue Agency’s ability to provide feedback to the Financial Transactions and Reports Analysis Centre of Canada.
Part 3 also implements other excise measures by
(a) permitting the disclosure of confidential information to an appropriate police organization in certain circumstances if the information relates to a serious offence; and
(b) making amendments relating to the introduction of the Offshore Tax Informant Program of the Canada Revenue Agency.
In addition, Part 3 amends the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act to clarify that reports of international electronic funds transfers made to the Canada Revenue Agency may be used for the purposes of the administration of those Acts.
Part 4 amends the Customs Tariff. In particular, it
(a) reduces the Most-Favoured-Nation rates of duty and, if applicable, rates of duty under the other tariff treatments on tariff items related to mobile offshore drilling units used in oil and gas exploration and development that are imported on or after May 5, 2014;
(b) removes the exemption provided by tariff item 9809.00.00 and makes consequential amendments to tariff item 9833.00.00 to apply the same tariff rules to the Governor General that are applied to other public office holders; and
(c) clarifies the tariff classification of certain imported food products, effective November 29, 2013.
Part 5 enacts the Canada–United States Enhanced Tax Information Exchange Agreement Implementation Act and amends the Income Tax Act to introduce consequential information reporting requirements.
Part 6 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 6 provides for payments to compensate for deductions in certain benefits and allowances that are payable under the Canadian Forces Members and Veterans Re-establishment and Compensation Act, the War Veterans Allowance Act and the Civilian War-related Benefits Act.
Division 2 of Part 6 amends the Bank of Canada Act and the Canada Deposit Insurance Corporation Act to authorize the Bank of Canada to provide banking and custodial services to the Canada Deposit Insurance Corporation.
Division 3 of Part 6 amends the Hazardous Products Act to better regulate the sale and importation of hazardous products intended for use, handling or storage in a work place in Canada in accordance with the Regulatory Cooperation Council Joint Action Plan initiative for work place chemicals. In particular, the amendments implement the Globally Harmonized System of Classification and Labelling of Chemicals with respect to, among other things, labelling and safety data sheet requirements. It also provides for enhanced powers related to administration and enforcement. Finally, it makes amendments to the Canada Labour Code and the Hazardous Materials Information Review Act.
Division 4 of Part 6 amends the Importation of Intoxicating Liquors Act to authorize individuals to transport beer and spirits from one province to another for their personal consumption.
Division 5 of Part 6 amends the Judges Act to increase the number of judges of the Superior Court of Quebec and the Court of Queen’s Bench of Alberta.
Division 6 of Part 6 amends the Members of Parliament Retiring Allowances Act to prohibit parliamentarians from contributing to their pension and accruing pensionable service as a result of a suspension.
Division 7 of Part 6 amends the National Defence Act to recognize the historic names of the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force while preserving the integration and the unification achieved under the Canadian Forces Reorganization Act and to provide that the designations of rank and the circumstances of their use are prescribed in regulations made by the Governor in Council.
Division 8 of Part 6 amends the Customs Act to extend to 90 days the time for making a request for a review of a seizure, ascertained forfeiture or penalty assessment and to provide that requests for a review and third-party claims can be made directly to the Minister of Public Safety and Emergency Preparedness.
Division 9 of Part 6 amends the Atlantic Canada Opportunities Agency Act to provide for the dissolution of the Atlantic Canada Opportunities Board and to repeal the requirement for the President of the Atlantic Canada Opportunities Agency to submit a comprehensive report every five years on the Agency’s activities and on the impact those activities have had on regional disparity.
Division 10 of Part 6 dissolves the Enterprise Cape Breton Corporation and authorizes, among other things, the transfer of its assets and obligations, as well as those of its subsidiaries, to either the Atlantic Canada Opportunities Agency or Her Majesty in right of Canada as represented by the Minister of Public Works and Government Services. It also provides that the employees of the Corporation and its subsidiaries are deemed to have been appointed under the Public Service Employment Act and includes provisions related to their terms and conditions of employment. Furthermore, it amends the Atlantic Canada Opportunities Agency Act to, among other things, confer on the Atlantic Canada Opportunities Agency the authority that is necessary for the administration, management, control and disposal of the assets and obligations transferred to the Agency. It also makes consequential amendments to other Acts and repeals the Enterprise Cape Breton Corporation Act.
Division 11 of Part 6 provides for the transfer of responsibility for the administration of the programs known as the “Online Works of Reference” and the “Virtual Museum of Canada” from the Minister of Canadian Heritage to the Canadian Museum of History.
Division 12 of Part 6 amends the Nordion and Theratronics Divestiture Authorization Act to remove certain restrictions on the acquisition of voting shares of Nordion.
Division 13 of Part 6 amends the Bank Act to add regulation-making powers respecting a bank’s activities in relation to derivatives and benchmarks.
Division 14 of Part 6 amends the Insurance Companies Act to broaden the Governor in Council’s authority to make regulations respecting the conversion of a mutual company into a company with common shares.
Division 15 of Part 6 amends the Motor Vehicle Safety Act to support the objectives of the Regulatory Cooperation Council to enhance the alignment of Canadian and U.S. regulations while protecting Canadians. It introduces measures to accelerate and streamline the regulatory process, reduce the administrative burden for manufacturers and importers and improve safety for Canadians through revised oversight procedures and enhanced availability of vehicle safety information.
The amendments to the Railway Safety Act and the Transportation of Dangerous Goods Act, 1992 modernize the legislation by aligning it with the Cabinet Directive on Regulatory Management.
This Division also amends the Safe Food for Canadians Act to authorize the Governor in Council to make regulations respecting activities related to specified fresh fruits and vegetables, including requiring a person who engages in certain activities to be a member of a specified entity or organization. It also repeals the Board of Arbitration.
Division 16 of Part 6 amends the Telecommunications Act to set a maximum amount that a Canadian carrier can charge to another Canadian carrier for certain roaming services.
Division 17 of Part 6 amends the Canada Labour Code to allow employees to interrupt their compassionate care leave or leave related to their child’s critical illness, death or disappearance in order to take leave because of sickness or a work-related illness or injury. It also amends the Employment Insurance Act to facilitate access to sickness benefits for claimants who are in receipt of compassionate care benefits or benefits for parents of critically ill children.
Division 18 of Part 6 amends the Canadian Food Inspection Agency Act to provide that fees fixed under that Act for the use of a facility provided by the Canadian Food Inspection Agency under the Safe Food for Canadians Act as well as fees fixed for services, products and rights and privileges provided by the Agency under that Act are exempt from the application of the User Fees Act.
Division 19 of Part 6 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things, enhance the client identification, record keeping and registration requirements for financial institutions and intermediaries, refer to online casinos, and extend the application of the Act to persons and entities that deal in virtual currencies and foreign money services businesses. Furthermore, it makes modifications in regards to the information that the Financial Transactions and Reports Analysis Centre of Canada may receive, collect or disclose, and expands the circumstances in which the Centre or the Canada Border Services Agency can disclose information received or collected under the Act. It also updates the review and appeal provisions related to cross-border currency reporting and brings Part 1.1 of the Act into force.
Division 20 of Part 6 amends the Immigration and Refugee Protection Act and the Economic Action Plan 2013 Act, No. 2 to, among other things,
(a) require certain applications to be made electronically;
(b) provide for the making of regulations regarding the establishment of a system of administrative monetary penalties for the contravention of conditions applicable to employers hiring foreign workers;
(c) provide for the termination of certain applications for permanent residence in respect of which a decision as to whether the selection criteria are met is not made before February 11, 2014; and
(d) clarify and strengthen requirements related to the expression of interest regime.
Division 21 of Part 6 amends the Public Service Labour Relations Act to clarify that an adjudicator may grant systemic remedies when it has been determined that the employer has engaged in a discriminatory practice.
It also clarifies the transitional provisions in respect of essential services that were enacted by the Economic Action Plan 2013 Act, No. 2.
Division 22 of Part 6 amends the Softwood Lumber Products Export Charge Act, 2006 to clarify how payments to provinces under section 99 of that Act are to be determined.
Division 23 of Part 6 amends the Budget Implementation Act, 2009 so that the aggregate amount of payments to provinces and territories for matters relating to the establishment of a Canadian securities regulation regime may be fixed through an appropriation Act.
Division 24 of Part 6 amends the Protection of Residential Mortgage or Hypothecary Insurance Act and the National Housing Act to provide that certain criteria established in a regulation may apply to an existing insured mortgage or hypothecary loan.
Division 25 of Part 6 amends the Trade-marks Act to, among other things, make that Act consistent with the Singapore Treaty on the Law of Trademarks and add the authority to make regulations for carrying into effect the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. The amendments include the simplification of the requirements for obtaining a filing date in relation to an application for the registration of a trade-mark, the elimination of the requirement to declare use of a trade-mark before registration, the reduction of the term of registration of a trade-mark from 15 to 10 years, and the adoption of the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.
Division 26 of Part 6 amends the Trade-marks Act to repeal the power to appoint the Registrar of Trade-marks and to provide that the Registrar is the person appointed as Commissioner of Patents under subsection 4(1) of the Patent Act.
Division 27 of Part 6 amends the Old Age Security Act to prevent the payment of Old Age Security income-tested benefits for the entire period of a sponsorship undertaking by removing the current 10-year cap.
Division 28 of Part 6 enacts the New Bridge for the St. Lawrence Act, respecting the construction and operation of a new bridge in Montreal to replace the Champlain Bridge and the Nuns’ Island Bridge.
Division 29 of Part 6 enacts the Administrative Tribunals Support Service of Canada Act, which establishes the Administrative Tribunals Support Service of Canada (ATSSC) as a portion of the federal public administration. The ATSSC becomes the sole provider of resources and staff for 11 administrative tribunals and provides facilities and support services to those tribunals, including registry, administrative, research and analysis services. The Division also makes consequential amendments to the Acts establishing those tribunals and to other Acts related to those tribunals.
Division 30 of Part 6 enacts the Apprentice Loans Act, which provides for financial assistance for apprentices to help with the cost of their training. Under that Act, apprentices registered in eligible trades will be eligible for loans that will be interest-free until their training ends.

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 12, 2014 Passed That the Bill be now read a third time and do pass.
June 12, 2014 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) has not received adequate study or amendment by Parliament; ( b) cancels the hiring credit for small business ( c) raises costs for Canadian businesses through changes to trademark law that have been opposed by dozens of chambers of commerce, businesses and legal experts; ( d) hands over private financial information of hundreds of thousands of Canadians to the US Internal Revenue Service under Foreign Account Tax Compliance Act; ( e) undermines the independence of 11 federal administrative tribunals; and ( f) fails to fully compensate for years of unjust clawback to the benefits of Canada's disabled veterans.”.
June 9, 2014 Passed That Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 376.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 375.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 371.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 369.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 317.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 313.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 308.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 300.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 223.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 211.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 206.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 179.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 175.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 110.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 28.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 27.
June 9, 2014 Failed That Bill C-31 be amended by deleting the short title.
June 5, 2014 Passed That, in relation to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than five further hours shall be allotted to the consideration at report stage of the Bill and five hours shall be allotted to the consideration at third reading stage of the said Bill; and that, at the expiry of the five hours provided for the consideration at report stage and the five hours provided for the consideration at 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 stages of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.
April 8, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
April 8, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) amends more than sixty Acts without adequate parliamentary debate and oversight; ( b) does nothing to create quality, good-paying jobs for Canadians and fails to extend the hiring credit for small business; ( c) fails to reverse devastating cuts to infrastructure and healthcare; ( d) hands over private financial information of hundreds of thousands of Canadians to the US Internal Revenue Service under the Foreign Account Tax Compliance Act; ( e) reduces transparency at the Atlantic Canada Opportunities Agency; (f) imposes tolls on the Champlain Bridge; ( g) jeopardizes the independence of eleven federal administrative tribunals; and ( h) enables the government to weaken regulations affecting rail safety and the transport of dangerous goods without notifying the public.”.
April 3, 2014 Passed That, in relation to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than three further sitting days after the day on which this Order is adopted 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 third 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.

Agricultural Growth ActGovernment Orders

June 12th, 2014 / 11:40 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, on December 9, the Minister of Agriculture and Agri-Food tabled Bill C-18, the agricultural growth act.

Bill C-18 is another Conservative omnibus bill, making changes to nine different pieces of legislation, some of which we support, and others that pose significant concerns. Unlike the government's everything but the kitchen sink omnibus budget bills—and we have certainly seen omnibus budgets with everything thrown in together—in Bill C-18, perhaps following the good advice that the NDP has provided, changes actually all relate to agriculture. For once, we actually have a omnibus bill where all the provisions are related.

This is important, because we have seen, particularly with the budget bills, an absurd number of different pieces of legislation put together. We have seen absolutely absurd combinations, with environmental laws, natural resources laws, and taxation laws like the FATCA provisions that were in Bill C-31 all thrown together into one particular bill.

In the case of Bill C-18, we have an omnibus bill that puts in place amendments all related to agriculture, in some cases making similar edits to different bills.

First, there are amendments to the Plant Breeders' Rights Act. The key changes move Canada towards ratification of the 1991 model law of the International Union for the Protection of New Varieties of Plants, UPOV '91.

Second, it expands the rights afforded to plant breeders for the varieties they develop and increases the places along the value chain where plant breeders can collect royalties.

Bill C-18 also includes the following new exclusive rights for plant breeders: reproduction, conditioning, sales, export or import, repeated use to produce commercially another plant variety if the repetition is necessary for that purpose, and stocking for the purpose of any of the other protected acts.

The term of the grant of plant breeders' rights has also been increased from previous legislation, from 18 years to 20 years. It is 25 years in the case of a tree, a vine, or any other category listed by the regulation. It also includes a new clause that grants farmers' privilege, allowing farmers to save seed and condition seed for purposes of production and reproduction on their own farms. It is important to note that this privilege is not extended to the storing of seed or to the sale of harvested material from protected seed.

Bill C-18 also grants the CFIA the ability to make changes through regulation to which circumstances and classes of farmers and varieties would not be covered under the farmers' privilege. This protects the rights of researchers to use patented materials as the basis for developing a new variety or for another research use. It also enhances public accessibility to the registry of plant varieties. This of course is a major change from the previous act.

It also maintains the ability of the CFIA to grant compulsory licences to ensure that in certain situations, plant varieties are available at reasonable prices, widely distributed, and of good quality.

Bill C-18 also includes an amendment that allows plant breeders to request that their plant breeders' rights be exempt from a compulsory licence. It also grants the government the ability to make changes governing exemptions from compulsory licensing through regulations, without legislative change.

There are some benefits in Bill C-18.

First, it would ensure that variety developers would be able to see a return on investment for their plant breeding research efforts, providing incentives for an important sector of Canadian agribusiness. It would also grant farmers' privilege to allow farmers to save the conditioned seed for use on their own farms. It would promote access for Canadian farmers to the results of private breeding research from Canada and other countries through more effective intellectual property rights. As members know, this is a concern people have raised.

It would protect researchers from infringement of plant breeders' rights. It would enhance public accessibility and transparency when it comes to plant breeding, and it would maintain the existing compulsory licence system, providing some assurance that varieties can be made available at reasonable prices, widely distributed, and kept at a high quality. This is a very important aspect of the bill that I know members will find interesting.

I know my colleagues in the NDP are very focused on this agriculture bill, because, as we know, we have a whole variety of NDP MPs representing some of the heartland of Canadian agriculture across the country.

I would like to say at this point that we have diversity like we have never had before in the House of Commons, and from both rural and urban areas. It is just fantastic to see the NDP caucus, 100 strong, which is going to grow to perhaps double that after the next election. We are certainly looking forward to that.

One might ask why the member for Burnaby—New Westminster is speaking on an agriculture bill. Perhaps the government House leader is asking that question too. The reality, and I know members will find this interesting, is that the most fertile land in all of Canada is in Burnaby. That particular area is known as the Big Bend area of Burnaby. It is part of the Fraser delta. The Fraser River comes down, after going through the Coast Mountains, and provides for incredibly fertile ground.

I should say, because I think it is important to note, that not only is it the most fertile ground, but because of the previous actions of the B.C. NDP government back in 1972, which established the agricultural land reserve, the first government in the country to do that, the agricultural land in Burnaby has been preserved. That is extremely important. It is an urban area, but right there is the agricultural heartland of the Lower Mainland.

What is even more important to note is that the city of Burnaby, for the last 25 years, has been run by an NDP government, under the Burnaby Citizens Association. In fact, in the last municipal election, with a strong agricultural component, the mayor, the entire city council, eight of eight city councillors, and seven of seven on the school board, meaning every single municipally elected official, were members of the NDP and members of the Burnaby Citizens Association. That is the longest-standing—

Business of the HouseRoutine Proceedings

June 12th, 2014 / 3:25 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I am pleased to have another opportunity to respond to the Thursday question from the hon. member for Burnaby—New Westminster.

I know how proud he claims to be about showing up to work. In fact, though, the New Democrats seem to have a spotty record on that. Last evening, that very member rose to speak to our government's bill to protect our communities and exploited persons—that is Bill C-36—and after one whole minute he moved to adjourn the House. He said we should all go home. Maybe that is the parliamentary equivalent of taking one's ball and wanting to go home when one is unhappy with how things are going in another meeting.

In any event, we did all dutifully troop into the House to vote on that at 6 p.m. However, what was very revealing was that only 61 of those 98 New Democrats stood in their places to vote. A few of them were missing their shifts, oddly. We did not find that on the Conservative side. In fact, we just had two votes in the House, and the number of New Democrats who were not standing in their places was very similar to that.

Therefore, when I ask myself who is not showing up for work, I can say it is not the Conservatives not showing up; it is, in fact, the New Democrats.

However, following the popular acclaim of last week's Thursday statement, I would like to recap what we have actually accomplished in the House since last week in terms of the legislative agenda.

Bill C-37, the riding name change act, 2014, which was compiled and assembled through the input of all parties, was introduced and adopted at all stages.

Bill C-31, the economic action plan, act no. 1, was adopted at both report stage and, just moments ago, at third reading.

Bill C-24, the strengthening Canadian citizenship act, was concurred in at report stage.

Bill C-20, the Canada-Honduras economic growth and prosperity act, was passed at third reading. Of course, the NDP tried to slow down its passage, but Conservatives were able to get around those efforts, as I am sure the 50 New Democrats on vigil in the House last night fondly appreciate, and we were able to extend our hours because there were, again, not even 50 New Democrats here in the House to stand in their places to block that debate as they wanted to, so we did finish the Canada-Honduras bill that night and were able to vote on it.

The government's spending proposals for the year were adopted by the House, and two bills to give these plans effect, Bill C-38 and BillC-39, were each passed at all stages.

Bill C-22, the energy safety and security act, was reported back from committee, and several other reports from committees were also tabled. As I understand, we will see Bill C-17, the protecting Canadians from unsafe drugs act, reported back from the health committee in short order.

Finally, this morning we virtually unanimously passed a motion to reappoint Mary Dawson as our Conflict of Interest and Ethics Commissioner.

Sadly, though, the New Democrats did not heed my call last week to let Bill C-32, the victims bill of rights act, pass at second reading. We were treated, sadly, to only more words and no deeds from the NDP.

Turning to the business ahead, I am currently anticipating the following debates. This afternoon and tonight, we will finish the debate on Bill C-36, the Protection of Communities and Exploited Persons Act, at second reading. That will be followed by third reading of Bill C-24 and second reading of Bill C-35, Justice for Animals in Service Act (Quanto's Law).

Tomorrow morning, we will debate Bill C-24, if necessary, and Bill C-18, Agricultural Growth Act, at second reading. After question period, we will get back to Bill C-32, and give the NDP one more chance to send the victims bill of rights to committee.

The highlight of Monday is going to be the report stage of Bill C-6, the Prohibiting Cluster Munitions Act. Tuesday’s feature debate will be Bill C-2, the Respect for Communities Act, at second reading. Wednesday will see us finish third reading, I hope, of Bill C-6. During the additional time available those days—in addition to Thursday and Friday of next week—I will schedule any unfinished debates on Bill C-18, Bill C-32 and Bill C-35.

I will also try to schedule debates on Bill C-22 and Bill C-17, as well as other bills, such as Bill C-3, Safeguarding Canada's Seas and Skies Act, at third reading; Bill C-8, Combating Counterfeit Products Act, at third reading; Bill C-12, Drug-Free Prisons Act, at second reading; Bill C-21, Red Tape Reduction Act, at second reading; Bill C-26, Tougher Penalties for Child Predators Act, at second reading; Bill S-2, Incorporation by Reference in Regulations Act, at second reading; Bill S-3, An Act to amend the Coastal Fisheries Protection Act, at second reading; and Bill S-4, Digital Privacy Act—which I understand we will receive shortly from the other place—at second reading.

Economic Action Plan 2014 Act, No. 1Government Orders

June 12th, 2014 / 3:05 p.m.


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The Speaker Andrew Scheer

Pursuant to an order made on Tuesday, May 27, the House will now proceed to the taking of the deferred recorded division on the motion at the third reading stage of Bill C-31.

Call in the members.

The House resumed consideration of the motion that Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, be read the third time and passed, and of the amendment.

The House resumed from June 11 consideration of the motion that Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, be read the third time and passed, and of the amendment.

Foreign Account Tax Compliance ActRequest for Emergency DebateRoutine Proceedings

June 12th, 2014 / 11:05 a.m.


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NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, last night I gave you notice under Standing Order 52 (2) that I would be seeking leave today to propose an emergency debate on the implementation in Canada of FATCA, the U.S. foreign account tax compliance act. As you know, the Canada-U.S. enhanced tax information exchange agreement implementation act is contained in Bill C-31 and is currently before the House.

We read in The Globe and Mail this week that the United States Internal Revenue Service has announced that it is working on creating an amnesty program aimed specifically at U.S. residents who have resided abroad for many years. The new commissioner, John Koskinen, has stated: “We are well aware that there are many U.S. citizens who have resided abroad for many years, perhaps even the vast majority of their lives”, and promised more details of the amnesty program “the very near future”.

The IRS is now working on creating a path specifically for otherwise honest people who want to comply with their U.S. tax obligations without using the hammer of steep penalties designed primarily to punish U.S. residents trying to duck their taxes.

As you know, Mr. Speaker, the latest omnibus budget implementation bill is presently at third reading stage and will soon be submitted to a final vote. There will be no opportunity to debate this issue as an opposition day motion later this month. Mr. Speaker, I am urging you to give this your urgent attention.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 11:55 p.m.


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Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, I always welcome an opportunity to talk about our economy and the great success we have achieved, notwithstanding going through the worst recession since the Great Depression in 2008-09.

Canadians are not known for their bragging or beating of their chests, but if we listen to the opposition we would get the impression that our economy is the video recorder version of the Betamax. The opposition would say that Ted Williams was an awful baseball player because he missed the ball 66% of the time that he was at bat. Those members would also say that Wayne Gretzky, who did not score a goal 85% of the time that he shot the puck, was a horrible hockey player because the guy only scored 15% of the time. They would ask what all the hype was about.

Canada is the envy of the world.

It is my pleasure to rise in the House this evening and speak to Bill C-31.

Our government's fiscal management speaks for itself. We have identified the issues that matter most to Canadians. We have once again addressed these issues in a focused and surgically precise budget. This budget will keep our government on track to balance in 2015 as promised to the Canadian people. Our government keeps our promises.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 11:40 p.m.


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Conservative

Jay Aspin Conservative Nipissing—Timiskaming, ON

Mr. Speaker, I am very pleased to speak this evening to Bill C-31, the economic action plan 2014 act. However, before I do, I would like to contextualize this legislation.

During the global recession, our government made the difficult but necessary decision to engage in deficit spending, making record investments from coast to coast to coast in infrastructure projects supporting jobs and putting Canadians to work.

Our investments worked. While the global recession was difficult for many Canadian families, the effects never reached the severity experienced abroad, such as in the United States and Europe.

More important, our investments helped the domestic economy keep moving so that when the recovery began, Canada was much better positioned to rebound, and recover Canada did, the best recovery in the G7. We have led in job creation with over one million net new jobs. We have led in growth of disposal income. We have led the world in debt-to-GDP ratio.

However, this success does not change the fact that we created a deficit. Our government understands very well that long-term deficits, which increase the debt-to-GDP ratio, are toxic for the economy. The more debt a country takes on, the more hesitant businesses become to invest and create jobs. This is because uncertainty is created in the economy and everyone, especially businesses, knows that at some point the debt will have to be paid, and it often takes the form of spending cuts and/or increased taxes.

These cuts and taxes become more severe the larger the debt gets and the longer governments delay to make the necessary decisions. Therefore, once the recovery began, instead of irresponsibly spending money we did not have, our government immediately began passing budget after budget to completely eliminate our deficit, make government lean, spend strategically and responsibly, and create an environment conducive to investment and economic growth.

We have been successful, but members do not need to take my word for it. Canada's number one record in the G7, rock-solid credit rating and international leadership in fiscal responsibility speaks for itself.

On February 11, our dear friend and colleague, one of Canada's longest serving finance ministers, the late Hon. Jim Flaherty, introduced economic action plan 2014. This budget is very important. Since its introduction, I am very pleased to say that our budget is indeed balanced.

However, a balanced budget does not mean that we start spending every extra penny on shiny baubles, which is the strength of economic action plan 2014. It continues to reduce government spending where possible, decreasing the cost to taxpayers without reducing transfers to the provinces or health care transfers.

I want to stress that we balanced the budget without drastic or draconian cuts to important services and funds on which the provinces and Canadians rely on. We instead reduced the size of government and reined in unnecessary spending.

Moreover, the economic action plan continues to focus on this government's number one priority: jobs and the economy. There are still many Canadians looking for work and trying their best to support their families. They are relying on our government to continue creating the right conditions for business to invest and create jobs.

This implementation act, the first economic action plan act, focuses on reducing barriers to employment in both the demand and supply side. Hiring Canadians should not be an administrative burden for businesses. We are reducing unnecessary regulations on job creators and incentivizing them to grow and hire.

Just the same, a lack of education or training should not be a barrier to employment, and that is why we are helping Canadians access trade skills training.

I would like to use my remaining time to highlight a few particular measures in the first economic action plan act that will help further grow our economy, create jobs and improve Canada's prosperity and standard of living.

First, as part of our government's ongoing efforts to refine the immigration system to make sure it works in Canada's best interests, $11 million will be spent over the next two years, and $3.5 million every year afterwards will be invested to provide a more robust labour market option process. This will further help government ensure that Canadians are given the first chance at jobs.

Bill C-31 would help facilitate this by eliminating a backlog of immigrant investor program and entrepreneur program applicants. The elimination of this backlog would help businesses quickly adapt to changing labour markets in Canada by having more efficient access to the most qualified candidates, and enable them to remain productive and profitable and generate jobs and revenue for the Canadian economy.

Second, our government would continue to remove unnecessary regulations on businesses in order to foster an environment more conducive to investment and economic growth. Regulations on businesses are necessary to ensure that they play by the rules, treat their employees well, follow industry standards, and pay their share of taxes.

However, overregulation suffocates businesses as more and more resources are diverted to deal with unnecessary or inefficient administrative obligations. Ultimately, businesses waste money on administration that could have been invested in growing their business and subsequently hiring more Canadians.

Bill C-31 would reduce red tape on more than 50,000 employers. Specifically, the threshold at which small and medium-sized businesses would have to provide remittances for source deductions would be increased. This would further decrease the tax compliance burden on SMEs.

Third, with the resurgence of trade skills, our government would reduce the barrier to employment in well-paying industries by making training more affordable to Canadians. Apprentices registered in the Red Seal trades would be provided with access to interest-free loans of up to $4,000 per period of technical training.

This measure, like the Canada jobs grant incentive, is part of our government's strategy to connect Canadians with jobs and increase incentives to additional education or training. A more educated and skilled work force would improve the productivity of our economy, make us more competitive, make Canadian goods wanted around the world, and grow economic well-being at home.

Our government will continue investing in the development of our natural resources, particularly in the mining sector. Countries around the world are making the transition to advanced economies, and they are investing in infrastructure and are hungry for energy and raw materials, all of which we Canadians have in abundance.

Bill C-31 would extend the mineral exploration tax credit of 15% for another full year. This tax credit is relied upon by junior mining companies, exploration companies that are making key discoveries and appraisals of new and existing deposits. This is a very important measure to mining firms in my riding of Nipissing—Timiskaming in northern Ontario, close to the Ring of Fire, one of the world's largest mineral reserves.

Having a strong appreciation for the volume and location of deposits in the Ring of Fire will play a key role when we begin developing the resources; excavation will be more efficient, and we will be able to generate more goods for export.

Northern Ontario and Canada will greatly benefit from the development of the Ring of Fire. I am pleased with this measure.

Bill C-31 would continue to build on our government's success of balancing the budget, making responsible and strategic investments to keep the economy on track, cultivating an environment conducive to job creation, and focusing on connecting Canadians with the skills and training they need to participate in the market.

I encourage the members opposite to support these important measures and help empower Canadian businesses and workers.

The House resumed consideration of the motion that Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, be read the third time and passed, and of the amendment.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 11:25 p.m.


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NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Mr. Speaker, first of all, I would like to acknowledge the work of my colleague from Vancouver Kingsway. It was very interesting watching him confront the current government with the very bad decisions it has made in recent years.

I am honoured to rise in the House to speak to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures.

Canada has a poor record on key files. We accumulated a $61-billion trade deficit in 2013. Canada has had a trade deficit in excess of $45 billion for five years in a row. Canadians' debt reached record levels in 2013. People owe $1.64 for every dollar of disposable income they earn in one year. We are facing some truly worrisome situations that must absolutely be addressed. However, we feel that what the current government calls an economic action plan does not tackle the major challenges that are going to catch up to us and hurt Canadians and the economy, if we do not do something about them immediately.

The NDP's position will be to oppose the bill at every stage because there is nothing in Bill C-31 that indicates that the Conservatives are actually addressing these real problems.

This bill has 360 pages and amends 60 laws. Once again, it is an omnibus bill. It brings back bad memories of Bill C-38 in 2012.

At the time, Le Devoir ran the following headline: “A mammoth bill to change the rules without debate—The 431-page bill amends more than 60 current laws”. It seems that we are living in groundhog year. Everyone knows the movie Groundhog Day. Under the current government, we have been living groundhog day since 2011.

I would like to take a few minutes to explain the implications of an omnibus bill to the people at home. It reduces how much time the opposition parties, and the official opposition party in particular, have to analyze the issues. We do not have enough time to address the flaws in the bill. For example, this bill does not propose anything for SMEs. There is nothing solid, as far as we can tell. The bill eliminates the job creation tax credit for small businesses at a time when the unemployment rate might be up to 14% for people 25 and younger in a number of regions. It is absurd. How can the government attack a program that received support from all the regional chambers of commerce in the country? It is unbelievable and unacceptable.

We also do not have enough time with these omnibus bills to address any abuses that are hidden in these hundreds of pages. For example, this bill raises a lot of concerns over privacy protection with respect to the Foreign Account Tax Compliance Act. This is an American tax law on foreign accounts. The government is trying to deal with this in an omnibus budget bill.

However, the sharing of Canadians' information between financial institutions and the Internal Revenue Agency under this agreement, FATCA, would invade the privacy of roughly 1 million American citizens. This is hidden somewhere in the hundreds of pages of yet another omnibus bill.

That is not insignificant. There is another difficult aspect that the people at home need to understand. It is not their cup of tea to try to understand how this works in Parliament in Ottawa. The fact that the government stuffs everything in there makes it hard for the committees to do a decent job. There are decisions involving veterans and the environment hidden among these hundreds of pages.

These are important decisions that should have been and should be dealt with in separate bills that would allow the various all-party committees to invite all kinds of experts to examine the government's decisions. We could then find some better solutions, if it turns out that these are very bad decisions, as often happens. The decisions can sometimes be excellent if there is good co-operation.

We cannot do this kind of work when every single time this government tables a budget in this House, we have to deal with hundreds of pages and dozens of amendments to our laws.

One example that hits close to home for my constituents is rail safety, which once again is in a budget bill. This is a very important issue for my constituents. In the past 30 or 40 years, there have been three major train derailments in downtown Montmagny alone. These are recent events in Quebec, and dozens of people burned alive after trains carrying explosive products derailed. This is a priority for us.

Now, cabinet decisions about changing the security standards for the transportation of dangerous goods will be kept secret. Cabinet decisions on this issue will remain secret. With these changes, the public will not be informed when the Conservatives weaken safety measures, and experts will not be able to advise the minister before the changes are implemented. There are clauses in this bill to allow that.

Where were the Conservatives last summer when we witnessed the worst rail tragedy in our country's history? How can the government then hide a few lines in an omnibus bill saying that from now on, cabinet decisions on rail safety will not be transparent and public? How can the government do such a thing? It is clear that it does not have even the slightest interest in public safety.

Temporary foreign workers are a more recent problem. The bill gives the Minister of Employment and Social Development the power to impose fines on employers who break the rules of the temporary foreign worker program. This program has been in complete chaos for the past three months as a result of the government's serious mismanagement. Recently, in Rivière-du-Loup, we had a visit from the Minister of Citizenship and Immigration. Local television stations were there and recorded the whole thing. The minister promised that the moratorium would be lifted once the new procedures were put in place. The current moratorium is a cause of great concern for many small business owners who sometimes need to seek help from the temporary foreign worker program. As a result of the government's terrible mismanagement of this program, there is a moratorium in place. The abuses that led to this moratorium did not take place in Quebec City, Montmagny or Rivière-du-Loup, but elsewhere in the country.

It is now June 12. The minister obviously did not keep the formal commitment that he made in Rivière-du-Loup when he said that this problem would be resolved when the new procedures were implemented during the first week of June. The summer season, tourist season, is now upon us, and restaurants will have difficulty finding staff. They are wondering how they will find people to clean, wait tables and do dishes. We still have not received an answer.

It seems that the only solution the Conservatives are putting forward for the moment to improve the state of this program is a blacklist of employers who abuse the program. Believe it or not, there are only four companies on that list and they were all added since April 2014. They were added in a panic when the administrative nightmare began, as though the Conservatives were trying to save face at the last minute. It is unbelievable.

What intelligent and constructive measures could the Conservatives have included in this budget? They could have done away with the cuts to tax credits for credit union and labour-sponsored funds. These are extremely useful tools for the economic development of our regions. The Conservatives are attacking our regions with these cuts. They could have simplified the process whereby rural communities request and receive funding for infrastructure projects. Municipal officials have been waiting for nearly two years now to find out what the terms and conditions are for receiving funding under the new Building Canada fund. The government announced $14 billion two years ago, but municipal officials still do not know what it takes to receive funding for their municipalities. They do not know anything about the documentation, the terms or the standards. It has been nearly two years. This is an absolute farce. These issues should have been resolved immediately after the budget was tabled. The list goes on and on.

The NDP will not support this budget because it does not address the real problems and it contains no real solutions.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 11:10 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I will be sharing my time with the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup.

We are talking about Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures. We have heard a lot of talk by all members of the House today about Canada's economy and our fiscal performance over the years.

It is appropriate to start my speech by going over some metrics, some actual numbers that tell Canadians what the performance of the government has been since Conservatives took office in 2006 until the end of 2013, which is where we have our most recent numbers.

The amount spent by the Conservative government on advertising since 2009, touting its economic action plans, is $113 million. The national unemployment rate in Canada in 2006, just before the government took office, was 6.6%. Today it is 7.2%. The national unemployment rate of youth in 2006 at the time the Conservatives took office was 12.2%. Today it is over 14%.

Among 34 OECD nations in employment creation in the 2006-13 time period, Canada ranks 20th. The number of annual consecutive deficits filed by the government is six. The number of budget deficit targets hit by Conservative finance ministers since 2006 is zero.

The amount added to Canada's national federal debt since the Conservative government came to power in 2006 is $123.5 billion. The portion of total federal debt that we have in Canada today, accumulated just since the government came to power in 2006, is one-fifth.

The per cent increase in the real average hourly wage of Canadians in 2006-13 is zero. The percentage drop in productivity, that is the GDP per employee in our country from 2006-13, is negative 1.9%.

In terms of trade, which is the area of my responsibility to watch and critique the government on, when the government came to power in 2006, Canada had a current account surplus of $20.4 billion. That is the total of all goods, services and investments going in and out of the country. At the end of 2013, we had a deficit of $60.4 billion. That is an $80 billion swing to the negative in the last seven years, over $10 billion of lost goods, services and investment in our country for each and every year that the government has been in power.

The merchandise trade deficit that exists in Canada today is a staggering $110.4 billion. That means that we import $110.4 billion more of manufactured items, the kind of items that characterize modern industrial economies, than we export. That is not surprising because under the current government, since 2006, the percentage of Canada's exports that are raw resources has gone up by 50%.

Quantitatively and qualitatively the trade performance of the government has been a disaster, no less a figure than former Bank of Canada governor Mark Carney said that the single biggest drag on the Canadian economy had been the government's underperformance in trade.

My hon. colleague from Skeena—Bulkley Valley, who is our finance critic now, talked about 2008 and what the real state of affairs was then. I happen to be fortunate enough to be sent here by the good people of Vancouver Kingsway at that time, so I was in the House in October 2008 as well, and I campaigned in that election.

I remember the Prime Minister, who was touted as an economist, during the campaign in September 2008 when asked if there was a recession coming, said that a recession was a “ridiculous hypothetical”.

I was in the House with many other members in October 2008, when the finance minister tabled an economic update that projected a surplus for the next year and projected an austerity budget, only to be hit within a matter of weeks with the biggest recession to hit this country since the Great Depression. Neither the Prime Minister, through his economics training, nor the finance minister, with the full resources of the Department of Finance, with all of the tools at their disposal, could forecast that Canada was headed for a massive recession.

I want to talk about the deficit position of this country. When the Conservatives came to power in 2006, they inherited seven consecutive budget surpluses that averaged $12 billion. From 2006 to 2008, the government cut the GST by two percentage points. With each percentage point cut, federal government revenue was reduced by $6 billion. With that one move alone, the government had essentially eliminated the budgetary surplus, and it would have put Canada at balanced budget with just that one move.

However, the Conservatives did more. They made a policy decision to carry on with the Liberals' orgy of corporate tax cuts to go from 27% down to 21%. The Conservative government took corporate tax rates from 21% down to 15%—

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 10:35 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank my colleague from LaSalle—Émard for her excellent question. I must pay tribute to her obsession with the co-operative movement, which she advocates fervently.

This brings me to another specific aspect of Bill C-31, specifically greater openness to demutualization. As a parallel with the co-operative movement, both mutual insurance companies and co-operatives, whether they be financial, labour or housing co-ops, are avenues for economic activity, job creation, and wealth creation. Mutual insurance companies are a very viable option that make it possible for people to get proper insurance and get around situations where the more traditional for-profit insurance companies often exclude them, preventing them from getting insurance.

These particularly important economic alternatives must be supported, as they make people more accountable and give them an opportunity to control their own lives.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 10:25 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank my esteemed colleague from York South—Weston for agreeing to share his time with me.

Once again, the Conservatives have imposed time allocation, and they should be ashamed. This move was completely arbitrary and shows disrespect for the Canadians we are here to represent.

The government is abusing its majority, and it is not shy at all about doing so, which shows its contempt not only for the legality and constitutionality of the measures set out in this omnibus bill, but also for common sense and the basic social convention of mutual respect. These values seem completely foreign to the Conservatives' way of thinking.

As the member for Beauport—Limoilou, I am going to take the time that I have been given to come back to a very specific aspect of this bill that is buried somewhere in its 350 pages. This aspect affects the Comité vigilance ferroviaire Limoilou, which is a group that was created by individuals, parents of children who attend an elementary school located just a few metres away from a major railway line that connects the Port of Québec to the rest of the province. The goods that are received at the Port of Québec are shipped to other locations across Canada and the rest of North America.

This committee was established by the people who are considered to be its spokespersons: Xavier Robidas and Sébastien Bouchard. They were very active last March. As soon as I saw the announcement about this committee starting up, I got in touch with these parents, who were legitimately worried. I would like to tell the House about the very simple objective of this watchdog committee. Members can read it for themselves on the committee's Facebook page.

It says:

The [committee] wants to ensure that rail transportation is safe, that stakeholders communicate [with the population] and that they do so with transparency.

It is very simple and is based on common sense. After the Lac-Mégantic disaster last year, this very credible and legitimate request has been voiced across North America by Canadian and U.S. citizens and even by people from other parts of the world.

With the exception of some very particular extremist elements in our society, people generally agree that we live in an environment where dangerous substances, among other things, are transported. That is part of life. It is a risk that we accept when it happens within safety parameters that allow people to be demanding, and rightly so.

We would have expected the Canadian government to do something about this fear and the legitimate desire for minimum safety standards and, above all, to ensure that information is provided so that people know what to expect with respect to the transportation of dangerous substances by rail.

Aviation fuel and a number of chemical products—not to mention solid bulk, including the famous nickel, an issue I have been working on for almost two years already—are transported through Beauport—Limoilou on the railway line monitored by the members of the Comité vigilance ferroviaire Limoilou.

Coal and all kinds of potentially volatile substances, such as petroleum coke, are transported as well. An awful lot of dust can get stirred up into the air and then settle in the area, contaminating the residents and nearby school grounds. There are four schools near the rail line.

This is something that we must take on and manage. My colleagues and I have a responsibility to listen to concerns, reflect on the situation and propose constructive solutions. That is not what is happening with Bill C-31.

Unfortunately, if Bill C-31 passes all the stages, the government will be able to amend and repeal numerous rail safety regulations without even notifying the public. That makes no sense because, currently, people are able to find out about any existing regulations that have been amended or eliminated, and they can do that through legitimate and perfectly transparent means. It will take a majority to support this monster bill, and the Conservatives are the only ones who would dare blindly support it.

If Bill C-31 is passed, cabinet decisions about changes to safety standards related to the rail transportation of dangerous goods will now be kept secret. I hope that some of my Conservative colleagues will wake up before it is too late.

We are familiar with the culture of secrecy that exists, particularly within the PMO, but there are limits. Considering what the people of Beauport—Limoilou are demanding, with good reason, and for that reason alone, I will be voting against this bill.

Moreover, because of these amendments, not only will citizens not be informed, but subject matter experts will not be able to provide their opinions to the minister before the amendments take effect. God knows how little anyone listens to them anyway, considering what I have seen at the Standing Committee on Finance, the Standing Committee on Justice and Human Rights and the Standing Committee on Industry, Science and Technology.

In other words, the government will pass measures in the dark, the experts will then have their say, and the minister will be free to ignore them. This is a familiar refrain. I have asked questions about activities at the Port of Québec and nickel dust contamination so often that I am not really surprised that they are still doing things this way.

Unfortunately, despite my interest in just three or four clauses in this bill, which contains nearly 500, for the fourth time, as my colleague from Rimouski-Neigette—Témiscouata—Les Basques pointed out, the government has forced us to deal with a monster, an omnibus, a hodgepodge of different measures that have nothing to do with the Minister of Finance's mission.

Once again, the government is demonstrating its total lack of respect for all Canadians, including those who support the Conservative Party. It is imposing its will while carefully maintaining its cult of secrecy—its favourite way of doing business—and avoiding any display of the courage it takes to have a real debate.

I am glad I was able to once again discuss the gaps in rail safety and confirm my steadfast opposition to this government's way of doing things.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 10:10 p.m.


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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, I am very pleased to rise today to speak to Bill C-31. It is under time allocation, so not many members of my party will be able to speak to it.

This huge omnibus bill which, according to the member for Palliser, is very easy to read, does call into question some person's ability to have basic math skills, because math skills are some of what is necessary to actually follow the money. Some of the money that is announced in this budget bill and in government's budgets is money that is old money. It was here before.

I will be splitting my time, Mr. Speaker, with the member for Beauport—Limoilou.

Like the current Ontario Conservative leader, math is not the Conservatives' strong suit.

One of the things about the bill is something called FATCA, which is a U.S. legislation that we are now imposing on Canadians. That U.S. legislation applies to Canadian citizens, according to the government, who happen to be considered American citizens by the U.S. government.

The legislation before us would require Canadian banks to disclose personal, private information to the U.S. government through the Canada Revenue Agency at some unknown cost. Again, being math challenged, the Conservatives have not figured out just how much this will cost us. The banks estimate it would have cost them $100 million per bank to implement FATCA and now it is being passed on to the CRA. The CRA will then have to cost that out and it will be taxpayers ultimately paying that cost. However, that is not the worst part of this.

This legislation would give the American government, through our own government, the personal, private information of Canadian citizens. We are now discovering that this has happened through the CPIC database with personal medical information being shared with the U.S. government to stop people at the border, to prevent them travelling. Do we really want to help another government to tax Canadian citizens, people born here who have never been to the United States in their lives?

Maybe the members opposite do not understand what the U.S. government has decided. It has decided that some individuals who were born in Canada and have never lived in the United States are now U.S. citizens. Those people are U.S. citizens because their parents happen to be U.S. citizens. Therefore, it is the parents of children who cause the children to be deemed to be dual citizens by the U.S. and therefore caught by FATCA. They are dual in Canada, but they are U.S. citizens under the U.S. law.

Let me tell members about a woman in Calgary whose son is caught in this dilemma. He is disabled and he has filed his U.S. taxes. His mother filed them for him. It cost his mother thousands of dollars because our government has not negotiated a tax treaty with the U.S. that allows the individuals in Canada to be treated the same under the law in Canada as they are in the U.S.

If the members opposite would stop shouting, I could actually explain this to you, Mr. Speaker.

Those individuals who have disability tax credits in Canada are not allowed that exemption in the U.S., so they have to pay taxes in the U.S., thousands of dollars of taxes. He cannot renounce his citizenship because the U.S. government will not let him.

There is laughter across the way because they do not understand this situation. The individual is mentally challenged and the U.S. government will not allow him to withdraw his U.S. citizenship—

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 9:10 p.m.


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NDP

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

Mr. Speaker, I am pleased to rise to debate this budget bill at third reading. I also had a chance to speak at second reading and at report stage.

This bill is so huge. It is over 350 pages long and amends, repeals or adds some sixty laws. We have criticized this process many times over. However, it seems this is becoming the usual way of doing business for the Conservative government. It puts forward a series of measures, even though many of them should be studied in greater depth. I will mention several of them in my speech, as I did in my previous speeches.

This is the government's usual way of doing things, but parliamentary tradition dictates that omnibus bills have always been an exception to the rule to be used under very special circumstances. This is highly deplorable.

If we just want to cover the content, I will be able to discuss only a few of the issues. I have already talked about the creation of rules for the demutualization of mutual insurers, which will be bad for policyholders, who do not really have any rights in this process. They stand to lose a lot compared to the mutual policyholders, whose rights are somewhat more substantial and who are the ones making this decision, motivated by greed.

When a company demutualizes, it becomes a corporation and can merge with another company or be purchased. Only a handful of people share in the profits, while hundreds of thousands of others do not and even lose some of the assets they had with that insurance policy.

As we can see from the section of the bill on the Champlain Bridge, the government wants to impose a toll on the bridge, but it is not considering the impact on traffic and Quebec's economy. The goods that move across the Champlain Bridge account for 19% to 20% of Quebec's GDP. There will be serious consequences.

For members from the Toronto area, this would be like deciding overnight to put a toll on the Don Valley Parkway because it was just paved. It makes no sense. No witnesses in committee supported the government's stance on this, yet the Conservatives are moving forward without amendment.

I also spoke about a measure that the Conservatives brought in last year on labour-sponsored venture capital funds. The bill contains more measures associated with eliminating the tax credit. I am not going to talk about these issues right away, because I would like to talk about the bigger picture of what the Conservatives have done.

I represent the beautiful riding of Rimouski-Neigette—Témiscouata—Les Basques, where the economy can range from one extreme to the other, from very promising to weak. For example, Rimouski-Neigette has the Technopole Maritime.

The city created a vocation for itself with its institutions, such as the Université du Québec à Rimouski, the Rimouski CEGEP, the Institut maritime du Québec and research centres such as the Maurice Lamontagne Institute. This institute is not in my riding, but many researchers who work there live in my riding, since it is just a few kilometres away. The Maurice Lamontagne Institute is one of the main Canadian institutes specializing in oceanography and marine environments, particularly in the St. Lawrence.

All of this has helped Rimouski develop a specialty in marine research and marine biotechnology development. Many companies have moved in to take advantage of this research and momentum. Rimouski did the right thing by specializing.

However, I represent two other RCMs, the Témiscouata and Basques RCMs, which have their own challenges. With respect to per capita income, a recent report by the Institut de la statistique du Québec indicates that these two RCMs are now the poorest in Quebec.

It is not because of a lack of work. On the contrary, Trois-Pistoles and the superb Basques area have taken advantage of this natural beauty to develop their tourism industry.

I can personally attest to the entrepreneurial spirit of the people of Témiscouata. When they have a business gala, it is attended by just as many businesses, people and participants as would attend such an event in the City of Rimouski, which is three times larger than the entire Témiscouata RCM.

There really is an entrepreneurial spirit, but the situation is difficult. They could use the government's support to move forward.

I spoke about the Conservative era and the fact that since the 2011 budgets, or when the Conservative government gained a majority, the complete opposite has happened. I would like to remind members that the Conservatives' slogan during the election was “Our regions in power”. All the decisions concerning the regions have had negative repercussions.

The Rimouski region lost the employment insurance processing centre and the Canada Revenue Agency office. Although the Maurice-Lamontagne Institute is not in the riding, cuts there had a significant impact on the Technopole maritime, namely the closure of the ecotoxicology department and the firing of a number of scientists.

The various measures that have been taken with respect to research and development—in particular the ones that have redirected funding, in various ways, from basic research towards applied research—have had a major impact on the Technopole Maritime, ISMER and the institutional community.

There have also been cuts to employment insurance. I mentioned that Les Basques has something quite unique. The people there have developed a very professional niche tourism market. Tourism is a seasonal industry.

Témiscouata relies heavily on forestry. That is another seasonal industry. The people there also depend on tourism, which is a seasonal industry.

Those RCMs—including Neigette, the area surrounding Rimouski—still rely a great deal on agriculture, which accounts for 12% of the Lower St. Lawrence economy.

All of the measures included in the employment insurance reform have had overwhelmingly negative effects on regions such as the one where I live and that I represent, where the economy largely depends on seasonal industries.

With their budgets and economic measures, the Conservatives have impoverished regions such as the ones in eastern Quebec that I have the honour, pleasure and privilege of representing.

What is in this budget bill? Are there measures that will correct the excesses we saw in the previous budgets? Of course not.

We have a pile of bills that are combined in one document. This bill affects the appointment of judges and will add seats to the Quebec Superior Court as well as the one in Alberta. The bill also deals with the Enterprise Cape Breton Corporation, amendments to the Importation of Intoxicating Liquors Act and rail regulations. The Railway Safety Act and the Motor Vehicle Safety Act are amended by this bill.

Now, changes to regulations will no longer have to be published in the Canada Gazette. Why is that? It is because the government went back to consult stakeholders again, so the general public does not need to be informed of changes to the regulations. That is what we discussed at the Standing Committee on Finance.

Especially with the year we have had, it makes no sense to deal with an issue as sensitive as the Railway Safety Act and amendments to the regulations, made without transparency perhaps, and to discuss it at the Standing Committee on Finance. Is there some logic behind this? No, there is not. The government has never wanted to provide reasons to justify the use of omnibus bills.

I could talk more about 30 different divisions in part VI that pertain to about 30 different departments, not to mention all the extremely technical amendments, such as the changes to the GST, measures to counter tax evasion or all the tax measures in the bill.

This was already mentioned by my colleague from Skeena—Bulkley Valley, but I would like to point out that this is not the first time that the government has been forced to make corrections in a budget bill or that we have had to correct errors found in previous budget bills that were pushed through without amendment because the Conservatives obviously rejected all our amendments.

For example, this bill creates—that is how the government wants to present it—a GST exemption for hospital parking. The Conservative government was so pleased with this that it even sent out a press release stating that the government was again reducing our taxes by exempting hospital parking from the GST. Did it mention that the Conservatives had eliminated the exemption last year? Certainly not.

We have pointed out the problem with other measures in budget bills. It is the official opposition's role not only to oppose, but also to make proposals and point out flaws in bills so that the government can take note and make the necessary corrections. We are all here for all Canadians. That does not seem to be the case because, as I was saying, none of our amendments have been accepted, at least not for the four omnibus bills I have seen, with the exception of just one element in this bill. We proposed an amendment that was adopted by the Standing Committee on Finance, but even that took a Conservative amendment to the amendment. It took some doing and certainly was not easy to get adopted. It is therefore an NDP-Conservative amendment.

I wonder why we have to rush all these bills through so quickly, with all their flaws. The government systematically refuses to correct the flaws, even when tax experts and constitutional experts point them out.

In the time I have left, I would like to address two specific issues I have not covered in previous readings. The first is a measure that affects the Trade-marks Act. I mentioned it in a question I asked my colleague. This change to the Trade-marks Act alone is 50 pages long. We had between an hour and a half and three hours to discuss this issue and 12 others at the same time. Obviously, we cannot really get into the issues in such a short amount of time. What is more, the NDP does not even get the chance to call witnesses to discuss and analyze bills and laws appropriately.

The Trade-marks Act is extremely technical and drab. I will not dwell on it, but I must say that Canada's economic sector is extremely concerned. The government is telling us that this will make us compliant with the international agreements it has concluded. However, there are a number of ways to get there, not just one. In this case, the economic community, the business community, starting with the Canadian Chamber of Commerce, is opposed to these measures.

I have here an article from National Magazine, which is published by the Canadian Bar Association. When representatives of the association appeared before the committee, they expressed concern about the changes to the Trade-marks Act. I will quote the article:

If anything, Bill C-31 has accomplished one impressive feat. It has provoked a virtually unanimous response by trade-mark professionals. Law firms and other professional firms across Canada have openly criticized Bill C-31’s changes to the Trade-marks Act....

Why these changes have been proposed and who suggested them in the first place remain a mystery. Notwithstanding that, the bigger question is whether (and how) the government reacts to the outcry regarding Bill C-31’s Trade-marks Act amendments.

The Canadian Bar Association knows that the government has not reacted at all. It rejected all of the amendments we proposed. We had a series of amendments on this particular issue.

The hon. member for Skeena—Bulkley Valley briefly mentioned that administrative tribunals will be merged. The government wants to merge 11 administrative tribunals. It wants to merge their funding and give the Treasury Board more discretionary powers over these special tribunals. That is extremely problematic. Numerous experts who are familiar with the tribunals pointed out all of the weaknesses, problems and shortcomings that would be created if these tribunals are merged.

My colleague mentioned the Canadian International Trade Tribunal and the fact that merging this tribunal with the 10 others could create serious problems. We may also contravene the international obligations we have as a member of the World Trade Organization. That is a serious accusation, to the point where the Canadian Bar Association issued at least four warnings about Bill C-31 and addressed various components that affect the association directly or that will have an impact on the profession. The association has been very active with regard to this bill.

Cyndee Todgham Cherniak, a tax expert with the Canadian Bar Association, appeared before the committee and made a very bold statement. She said that Canada's international reputation is on the line.

Canada's international reputation is on the line because of a measure that the government is trying to pass off as purely administrative. Did the government even heed that warning? No. None of the proposed amendments were accepted.

Two of the tribunals they want to merge are the Canadian Human Rights Tribunal and the Public Servants Disclosure Protection Tribunal. These are the people who are whistle-blowers, who report wrongdoing in their workplace. These people need special protection, but that protection is being compromised because more discretionary powers will be given to the Treasury Board president. He spends a lot of time overseeing the machinery of government, and he is in a position of power with respect to various services that may have employed these whistle-blowers.

How is a whistle-blower, who is already in a pretty vulnerable position, supposed to feel comfortable going ahead, and how can he feel fully protected by a tribunal that will be merged with several others to make one single tribunal, while greater powers are being given to the Treasury Board president? This is someone who can take steps to cut back the tribunal's funding and logistics. That would give him undue influence, a fact that really worried the witnesses who appeared before the committee.

I want to say a little more about the intergovernmental agreement. I would like to thank my colleague for his remarks on the subject. I do not necessarily agree with him, but his remarks provided information, and I really appreciate that. Once again, that did not justify the need to negotiate this issue extremely quickly because there are privacy concerns. The Privacy Commissioner and other witnesses raised those concerns.

One thing to note about this tax treaty between Canada and the United States is that it is not an information exchange because the information is flowing in one direction only. It is a tax treaty designed to comply with the United States' unilateral measure, FATCA. This measure could jeopardize dual citizens holding both Canadian and American citizenship. They could be seen as Americans who would have to pay the United States a portion of everything they have ever earned, even if they have lived their whole lives or almost their whole lives in Canada, paying what are, in many cases, higher taxes in Canada.

There is something else my colleague and I have in common, since both of our ridings border Maine. In the 1940s, 1950s and 1960s, when it was much easier to cross the border, many Canadians, either from Témiscouata or New Brunswick, often gave birth in the United States and then returned to Canada. They did this because hospitals and health care were lacking. Children were therefore born in the United States, but never lived there and were immediately brought back to Canada. These people could be considered Americans and could be subject to this agreement. That is a very serious concern that has not yet been addressed. Since we had more time, it would have been good to study this provision separately and more carefully, in order to identify the weaknesses.

We need to respond to FATCA and propose an agreement. We cannot accept just any agreement. We need an agreement that takes all of these concerns into consideration.

I could go on about this for hours. I will stop here, but I do want to answer questions from my colleagues and probably expand on these ideas.