Bill C-31 (Historical)

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

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.

Motions in Amendment

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

Mr. Speaker, my question relates to part 5 of Bill C-31. The government says it is doing a lot for Canadians. There is a significant number of Canadians who happen to be dual nationals who are not getting very much out of this, in fact, they are being abandoned, because the government is caving in to American pressure and, as my hon. colleague said, it is doing the tax collecting for the IRS. Banks in Canada would have to report to the CRA about client information for those who happen to be dual nationals. That would then be passed on to the IRS.

In finance committee, when officials were asked what kind of information would be passed on to the IRS, they could not answer, which means the government does not know either.

This is an attack on our privacy. I would like to hear my colleague on this.

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, the government failed to negotiate effectively to defend Canadian interests. Effectively, the Americans are involved in an act of extraterritoriality in this case.

Beyond that, one of the reasons given by government was that the Americans would effectively shut down Canadian banks operating in the U.S. Canadian banks are very powerful in the United States. Banks like TD, BMO Harris, and Royal Bank are among the most successful banks in the world. Post-global financial crisis, where a lot of the American banks were sucked into the vortex of the mess caused by deregulation in the 1990s, our Canadian banks have been very powerful.

Some witnesses agreed with us that it was a straw man argument, and that it was ridiculous to say that the American financial system would effectively shut down the operations of Canadian banks if we did not capitulate to the Americans by agreeing to this bad deal. It is another example of the economic cost of bad relationships with Washington under the Conservative government.

[Scott Armstrong, Conservative, Parliamentary Secretary to the Minister of Employment and Social Development]

Mr. Speaker, I am pleased to rise today to speak in support of Bill C-31, an act to implement economic action plan 2014.

Before I begin, I want to first pay tribute to the late Hon. Jim Flaherty, who first tabled the budget back in March. He was referred to as the best finance minister in the world. We all hold him close to our hearts, and I think that the passing of the first budget implementation bill is due in great part to the effort he put in to develop this budget, which was tabled, as I said, earlier this spring.

One thing that happened when Jim Flaherty first became finance minister was that we were soon into the largest global recession since the Great Depression of the 1930s. Thanks to the leadership of Jim Flaherty as finance minister and thanks to the Prime Minister, Canada has been able to recover from this great recession more strongly and more quickly than any other country in the G7.

One of the reasons we were able to do so was that between 2006 and 2008, we took $40 billion off the federal debt, giving us the flexibility we needed when the recession hit to engage in stimulus spending, to keep our tradespeople working, to keep the economic engines that make Canada flow churning. Because of the decisions that were made early on in this mandate by that finance minister and the Prime Minister in support of Canada, we were able to go into that recession in a strong enough fiscal position that we could take strong action at the beginning of that recession to limit its damage to the Canadian economy.

As we emerged from the greatest recession since the Great Depression, we made a commitment during the 2011 election to return the federal government to a balanced budget. This is a daunting task. Many people across Canada said it would be impossible in such a short time or that if we took strong steps to do that, we would be destabilizing the economy and hurting the future of Canada if we tried to do it by 2015.

As I see it, there are three ways for a government to balance the budget.

The first is a path that we did not choose, a path that I call the easy path to balance a budget. It is to simply raise taxes. We have seen other governments attempt to balance budgets by raising taxes across Canada. Not only did we not raise taxes on Canadian taxpayers, families, and businesses, but we actually made a decision and a commitment to lower them, and today in Canada, the average family of four is paying over $3,200 less federal tax than they did when we took office in 2006. That is a testament to the courage and determination of the Prime Minister, finance minister Flaherty, and the current finance minister.

We also lowered corporate taxes, which encourages investment in Canada and keeps our economic engines running. It gives our small businesses and medium-sized enterprises the ability to pay low taxes so that maybe they can hire one or two more people to help us encourage employment in this country. Low corporate taxes, low personal taxes, and lower taxes on families are the direction we chose to go. We chose this path instead of raising taxes, as we see some of the opposition parties pushing for on a continual basis.

The second direction we could have taken to balance the budget would have been to slash transfers to the provinces. These are the funds provinces need to provide the services that Canadians hold so close to their hearts: health care, education, community services. Provinces across Canada need those valuable transfer dollars so they can deliver on these services that Canadians not only need but expect. These transfer payments are very important for the provinces to do their job as partners with the federal Government of Canada. In fact, we have not lowered those transfer payments, as we saw the former Liberal government do in the 1990s when it tried to balance the budget after an earlier recession and cut billions and billions of dollars from federal transfers to the provinces, particularly in the area of health care.

The billions of dollars that the previous government cut in health care saw nurse layoffs, hospital closures across this country, and doctors fleeing to the United States for better deals because the provinces could not afford, with these federal cuts, to provide adequate health care of a competitive nature in North America.

We believe that was the wrong way to go, and I personally believe that we still have not fully recovered from that the cuts made early on in the previous government's mandate during the 1990s.

Instead of cutting transfers to the province in an attempt to balance the budget, we have made a commitment to the provinces and increased those transfers. In fact, we would increase the transfers envelope to the provinces from $42 billion in 2005 to $65 billion in 2014. That would be a $23-billion increase in these valuable transfers to the provinces.

The health transfer alone would go from $20 billion in 2005 to $32 billion in 2014, and it would reach $40 billion for health care alone by the end of this decade. That is a true commitment by the Prime Minister, from finance minister Flaherty, and from the latest Minister of Finance to health care across the country.

In my home province of Nova Scotia, in 2005 the total transfer envelope for the Province of Nova Scotia was $2.2 billion. This year, for the first time, the federal government would transfer $3 billion to the Province of Nova Scotia. Almost a third of the total revenue of the Province of Nova Scotia comes directly from these transfers from the federal government.

Can members imagine how difficult it would be for the provinces to meet their commitments to the people of this country if those transfers were slashed by the government in some sort of random, willy-nilly attempt to balance the budget on the backs of those transfers to the provinces? We chose not to do that. We chose a different path.

The path that we chose under the leadership of finance minister Flaherty and the Prime Minister was to look inside government spending itself first. We made precise and needed cuts and reductions to government departments across the board, making sure that we took the time to make sure that the front-line services for Canadians were protected.

We made good reductions so that Canadian taxpayers could have lower taxes, the provinces could have their transfers protected, and we could balance the budget. That was the decision that we made under the leadership of the finance minister and the Prime Minister.

With the implementation of this budget, we would be facing a balanced budget moving forward. Out of all the countries in the G7, Canada is the one best positioned to seize the next 20 years as decades of growth for this country. We will achieve a leadership position unannounced and unknown to us well before that recession took place. We would emerge stronger and better than we ever expected Canada to be at this point.

I know that I only have a couple of minutes left, but I would like to talk about one more issue contained in this act. It has to do with a challenge we face as we move forward and engage in this positive future for the country. It is the paradox of having too many Canadians still unemployed in this country, despite our recovery from the recession, while at the same time having many jobs across Canada for which employers cannot find skilled people to fill them.

That is why, in this budget implementation act, we would implement the youth apprenticeship loan. This would be a $100 million program that for the first time would enable young people across Canada who are engaged in the trades to count on the federal government to help support them, to the tune of a $4,000 interest-free loan for each year of their training. This is so that they could engage in a trade that would lead to a job so that they could get married, raise their own families, and be confident that they could provide a solid basis for family life and provide for their families as they raise their children.

This is a commitment that we made in this budget. We think it is the proper route to take.

As Canada now emerges from the largest recession since the Great Depression in a strong fiscal position, we now have confidence that we can engage in a robust recovery, create jobs, and have the skilled Canadians to fill those jobs.

This is the challenge we face, and we are up to the job. We look forward to the opposition's support for this bill. I encourage them to support it. Help us make Canada the strong, proud nation we know it can be.

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

Mr. Speaker, I thank my friend for his speech. The credit I will give him is that he is one of the few Conservatives over there who, while he has some notes, will speak extemporaneously from time to time. It is great. It is a tradition in the House that we have sometimes lost. Certainly from the government benches, we see page after page of prepared notes from the Prime Minister's Office. They read them off faithfully, and that is very nice.

With respect to this budget bill, because that is what we are dealing with, while I am tempted to get into the larger economic issues that the hon. member talked about, what we have in front of us tonight is a bill of over 360 pages that affects more than 60 laws currently on the books. One of the aspects buried within this bill is a tax treaty with the United States. The U.S. is our largest trading partner, and it is the most significant tax treaty that we could see.

I wonder if the member has any misgivings at all about the implications for the up to one million Canadians who would be impacted and have their personal tax information sent on to the IRS without their even knowing.

We asked for a notification in the bill to simply say that the bank should notify those people who have their information passed to the IRS.

I wonder if the member would be in support of that amendment to this very bad deal, an amendment to at least allow Canadians the knowledge that their information is being passed on to the IRS.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, what the hon. member refers to is a conversation I had with the former finance minister, as I had several constituents in my riding come to my office and inquire about the FATCA situation and how it was going to affect them.

I was told at that time by the finance minister that we were in heavy negotiations with the United States of America to make sure that we negotiated a deal that would protect the rights and privacy of Canadians who could be affected by this legislation enacted in the U.S.A.

I can remember the finance minister standing in the House announcing the deal that had been made with the United States in order to protect Canadians. We hear the fearmongering by the opposition side, but we know that RESPs and RRSPs are protected. We know they were excluded from any deal. We are making a continued strong effort to negotiate with the United States to make sure all Canadians are protected from these measures.

[Joyce Murray, Liberal, Vancouver Quadra, BC]

Mr. Speaker, I heard my Conservative colleague congratulate his government for having paid down the debt in the early years of government, when the Conservatives were left with a $13-billion surplus by the previous Liberal government and proceeded to quickly get into a deficit that has lasted seven years.

With regard to those funds that were saved, he was congratulating the government for having money to spend in this budget, but how does he feel about the fact that veterans have had their disability payments, which are payments for pain and suffering, clawed back since 2006 under his government's watch? Some of these clawbacks are being replaced, but only between May 29 and September 30 of 2012. That is it. It is just several months' worth, when it was years—

[The Acting Speaker, Bruce Stanton]

Order, the hon. parliamentary secretary.

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, first of all, the hon. member talked about the surplus the Liberals apparently left our government with. However, back in those days, around 2004-2005 and before our government took over, there was a huge issue in this country that was called the fiscal imbalance between the provinces and the federal government. We had provinces across the country complaining about the federal government's cuts in transfers and the way it had treated the provinces and caused this fiscal imbalance.

We do not hear the provinces complaining about the fiscal imbalance anymore, because when this government took over, the finance minister and the Prime Minister made changes to the equalization formula and fixed that problem.

When the member talks about the $13-billion surplus, that was done on the backs of the provinces. We did something different. We have done it in a different way.

On the member's second issue, veterans, we are investing more than $700 million per year, which more in support of our veterans than that party did when it was in office. No party has invested more in support of the health and welfare and future of our veterans than the Conservative Party of Canada. I stand firmly behind the supports we are putting forward to veterans.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, given that the FATCA buried in Bill C-31 requires that the bank search every single customer record with a fine-tooth comb, does the government have any estimates for what that is going to cost and how much of those costs will be passed on to every bank customer across Canada?

[Scott Armstrong, Conservative, Cumberland—Colchester—Musquodoboit Valley, NS]

Mr. Speaker, as I said, I can remember the finance minister standing in the House and addressing opposition questions similar to this one on this deal. This government conducted a tough negotiation with the United States of America, and we made sure that we put a negotiation in place to protect the privacy and the economic concerns of people who might be affected by this legislation that was put forward in the United States.

As for the actual financial costs, those will have to be determined as we move forward, because we cannot predict what is going to happen in the future. However, I can say that we will invest whatever money it takes to protect the finances and privacy of all Canadians who could be affected by this legislation.

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

Mr. Speaker, I always take great pleasure in being able to rise and speak in Canada's Parliament, in our House of Commons.

It is an incredible privilege and honour, certainly to do so on behalf of the people of Skeena—Bulkley Valley, in the northwest of British Columbia. This is a region of the country that is incredibly proud, with its diverse and important history. Also, it has struggled, particularly with regard to creating jobs, and it has watched many of the major sectors suffer.

One of the great abuses that has been heaped on that challenge by successive governments is the inattentiveness to what actual Canadians are concerned about, the proper way to create jobs and wealth in this country.

We have struggled, particularly when we watch governments that grow so arrogant over time that they choose a form of governing that is disrespectful and disregarding of some of our most primary and fundamental democratic instincts.

I have some quotations, because it is not just me saying this about the process we are engaged in here today on this particular bill. Let me quote from somebody sitting in cabinet right now.

Mr. Speaker, here we go again. This is a very important public policy question that is very complex and we have the arrogance of the government in invoking closure again. When we look at the Liberal Party on arrogance it is like looking at the Grand Canyon. It is this big fact of nature that we cannot help but stare at.

That is what the Minister of Industry said when the previous Liberal government used an omnibus bill, this technique of ramming all sorts of pieces of legislation into one. That omnibus bill was one-third the size of the one the Conservatives have just introduced. This must be three times the size of the Grand Canyon with respect to arrogance.

This happens to governments, especially ones that age badly over time, as the government has done. We can look at the list of omnibus legislation over the last number of years. Bill C-13 was 644 pages; Bill C-38, which was often called the pipelines enabling act, gutting environmental and safeguards we have within the Fisheries Act, was 425 pages; Bill C-45, further gutting protections for Canadians, was 400 pages. There was Bill C-4, Bill C-60, and now this one, Bill C-31, at almost 300 pages affecting 60 pieces of law.

I have a stack of quotes from Conservatives, from the Prime Minister to many ministers in his cabinet, decrying the abuse of Parliament that had been done under Liberal majority governments. It seems that they paid too close attention, but took all of the wrong lessons from the previous government. In fact, they took that and somehow tried to normalize it.

We do not think it is normal. We do not think it is proper and good for a government to try to ram these pieces of legislation through, invoking what is called time allocation or closure, shutting down the debate at every stage. In this case, the government shut it down after 20 minutes of debate. It brought in time allocation and said, “That is enough of this whole debate thing, this whole democracy thing. Let us allocate the time and shut down opportunities”.

I remember the Prime Minister, when he was in opposition, decrying the fact that he might only get 10 minutes and that many members of Parliament would not get any time at all. That is exactly what the same Prime Minister is now doing.

That is on the process. It is an absolute farce when the government pretends that any sort of proper oversight was given to this bill. I have sat on the committee, and my Conservative colleagues know full well that as the shutting down of witnesses and debate at committee happens, the government starts racing through pages and pages of legislation. In fact, it had to amend its own bill before it even left the committee stage, because it had made so many fundamental errors. It was going to deprive seniors of some of their pensions, inadvertently.

Constitutional experts that the Conservatives say are the best, like Mr. Hogg, who the Conservatives rely on for advice, have come forward and said there are whole sections of this bill that will not only be challenged in our courts for charter infringement, but those challenges will succeed.

The government is going to introduce legislation that it knows full well is likely to fail a charter challenge, which is going to cost Canadians millions through our tax dollars for all the lawyers that it takes to go through all the series of courts up to the Supreme Court, but it will also cause all the pain and aggravation for those who suffer under a law that is not constitutional in the first place.

This is a movie we have seen before from the government. Time and time again, when we get references for bills that are unconstitutional from all the advice we can gather, the government chooses playing politics over good policy and brings them in anyway.

Let us look at aspects of this 360-page monster.

Let me start with something that is not in here, which the small businesses in Canada were calling for. It was a proposal first put forward by New Democrats in the last election: a small-business hiring tax credit.

Here is the fundamental idea in this very good idea. This was a small-business initiative that Jack Layton and the NDP proposed that said, “Let us help out small businesses in hiring those people, but in giving that tax credit we want to connect it to an actual job being created”. I know this is radical economics over here, where we suggest that if we give a tax credit to the private sector from the public, there should be something in return, like a job created.

The tax credits and the tax breaks that the Conservatives prefer and, to be fair, so did the Liberals before them, in the order of tens of billions of dollars, had no strings attached. I remember Mr. Flaherty, our dear friend, criticizing the private sector for sitting on half a trillion dollars of what is called “dead money”. This is money that had been accumulating in the private sector in the private enterprises in Canada that they were not reinvesting. It was just a hope from the Conservatives: here are the tax breaks to the banks and the oil sector; here is a hope that they will actually do something with the money rather than sit on it or just do stock dividends. They hope that they are going to reinvest it back into research and development, reinvest it back into hiring more Canadians and expanding their business, but there are no strings attached to that deal. The Conservatives were very happy to let that go.

Also, many of those tax breaks were done when the government was running a deficit, so it was borrowed money. As all Canadians know, because they have borrowed money at some point, borrowed money always costs more. It was borrowed money that was then sent to the private sector in Canada with no strings attached.

This was one good idea that over half a million Canadian small business owners applied for and used, this small-business hiring tax credit. We would think that, somewhere in the 360 pages, the Conservatives would have found a way to include that one measure in this budget implementation act. It is one measure that worked, that was being applied for, that Canadian business owners enjoyed, and that had helped create more than half a million jobs in small and medium-sized businesses. However, it is not here.

What is in the bill is interesting. There is the Hazardous Products Act. There are all sorts of changes to how we would handle hazardous products. There are changes to the Supreme Court. There are changes to our privacy rights in this bill.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

These are in a budget bill?

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

Well, Mr. Speaker, we would ask what that has to do with the economy. Why would the Conservatives use a budget bill to infringe on the privacy and the rights of Canadians? The Privacy Commissioner herself stepped forward and said she had grave concerns about what is being presented and how it is being presented because it is not getting the proper scrutiny and is likely in contravention of the Privacy Act. The government and its officials said that if there were parts of this bill that would override the Privacy Act, then that was okay; that was how they saw it.

However, there is this one small problem, which is that the Privacy Act is a quasi-constitutional act, and they cannot just simply override it because they want to. That is a very good idea, to have in our laws that we see privacy as so important that we include it at the level of importance of the Charter of Rights and Freedoms that we have instituted in this country. We New Democrats think that is a fantastic, very good piece of legislation, yet here the government is proposing that we simply override it, never mind it; and there will be yet another court challenge.

We talked about injured vets. I heard my Liberal colleagues talking about this. The Conservatives talk about vets and how much they care about our heroes. Theirs is a government that was clawing back from veterans who had been injured while serving Canadians. These are people suffering physical ailments and also those suffering from things like PTSD. They had some of their benefits clawed back by the government since 2006. The Conservatives said they would redress this in this budget bill, and they went back three months, ignoring the six years prior, and said that was good enough and the vets should be happy. In fact, they came before the committee and said that the vets should be grateful for what they have done. They cannot imagine why Canadian veterans and their spouses have to chase this Minister of Veterans Affairs down the hall just to be shown a modicum of respect.

Regarding FATCA, I could do an entire speech on this agreement. The Conservatives said they wrestled hard with those Americans and they really brought them to their knees, and they got basically nothing. According to StatsCan, up to a million Canadians could be impacted by this. This is how it would work under this bill that these Conservatives are voting for and passing. The private banking information of Canadians, if judged by their banking institution to have some connection to the United States, as ephemeral as it wants, will be passed on to the IRS by the CRA, which will play some kind of middle-man, enabling role.

Why would the private banking information of Canadians be passed on to the IRS? It is because the Conservatives could not get a deal, and they were more interested in protecting their friends on Bay Street and making sure the banks did not have any trouble, but they did not protect the privacy rights of Canadians.

That is why we are voting against this bad legislation. That is why Canadians can count on New Democrats to stand up for their rights here in Parliament and across the country.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I asked this question recently of my friend on the Conservative side, and I wonder if my hon. colleague from Skeena—Bulkley Valley could share his view with the House.

I do not think we have had any estimates put forward of what it would cost the Canadian banks, which we know they would not absorb but pass on to consumers.

Not only is FATCA discriminatory towards approximately one million Canadians, not only is it likely to waste government resources in fighting off a Supreme Court challenge on its constitutionality, which the federal government is undoubtedly going to lose, but what will it cost Canadians?

I know that the official opposition has been involved on the banking charges and fees. Has the hon. member seen any estimate anywhere of the cost to Canadian banking customers?

Imagine the cost of every single account of every single customer having to be examined by the banking institutions and, for those who have any U.S. connection, having to be turned over to the CRA to turn over to the IRS.

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

Mr. Speaker, we have seen some estimates. When FATCA was first introduced, Scotiabank estimated that it had to set aside $100 million to gather all of this information, and that was just for Scotiabank alone.

It is an incredibly expensive thing to do. There are 17 million Canadians who have accounts that may potentially be exposed, and just one chartered bank alone is setting aside $100 million.

We asked the government what its estimates were on the cost of implementing FATCA for the Government of Canada. What was the answer? This Conservative government that claims to have respect for taxpayers' dollars had not done an estimate. It had not bothered. The Conservatives negotiated and signed a deal that we know is going to cost tens of millions of dollars, but they never bothered to ask. They just signed the deal and said they would worry about the costs when they came.

If this is Conservative economics, then I do not want any part of it, and neither should Canadians.