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.

Economic Action Plan 2014 Act, No. 1

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

Mr. Speaker, I would like to begin by setting the table a bit in terms of the budget discussion we are having right now and draw to my colleague's attention the May 3 edition of The Economist magazine article on the Canadian economy, which states:

Maple, resting on laurels

Canada has not learned every crisis lesson...

[Canada's] post-crisis glow is fading.

It credits Canada's success in coming through the downturn better than other countries to three factors: first, a strong banking system, which accredits the previous Liberal government for having maintained a strong prudential regulatory framework and not following the U.S. and European models of deregulation; second, the strong fiscal situation that the current government inherited, the best fiscal situation of any incoming government in the history of the country; and, third, oil and gas and minerals that we have under the ground and off the shore of Newfoundland. I think most of us realize that no single government or party is responsible for putting the oil and gas under the ground and we all know that it is Danny Williams who put it under the water off Newfoundland.

Given the fact that the government cannot necessarily take credit for all the success in coming through the downturn, it is important, though, the government recognize that things are not going so well right now. Hence, The Economist saying that Canada's post-crisis glow is fading. It actually cites the reality that our economy is growing more slowly than the U.S., the U.K., and Australia. It speaks to the IMF projecting growth will be around 2% this year, which is very anemic. Our employment rate is still below pre-crisis levels and Canada ranks fifth in the G7 for job creation since 2008. That is in The Economist magazine.

Just to set the table, it is important that all parties realize that we have our work cut out for us and the economy is not growing as quickly as that of many of our peer countries within not just the G7 but the OECD, and there is a lot of work to be done to develop good, full-time jobs. We have lost 27,000 full-time jobs in the last year. Full-time jobs are being replaced by part-time work.

As I rise to speak on Bill C-31, there is nothing really in this budget implementation act to deal with some of these issues. There are a lot of other things that have nothing to do with the fiscal framework of the country at all. I would like to go back to the days when budget bills were actually about the budget and were actually written by the Department of Finance as opposed to all these other departments and agencies which have only a peripheral connection to budget issues.

The Conservatives have taken to cramming their budget bills full of measures that simply do not belong in them. This year's omnibus bill includes changes to trademark law, rail safety, designations of rank at the Department of National Defence, the virtual museum of Canada, administrative tribunals, and the number of federal judges. It is a bit of a dog's breakfast in a kitchen sink bill. These measures simply have no business being in a budget bill.

It does not make any sense for the finance committee to be tasked with examining rail safety issues. In fact, it should be the transport committee that not only evaluates these measures, but ultimately votes on them at the committee.

To make matters worse, the Conservatives have introduced a lot of these changes without public consultation. They jam a bill to the point of bursting, ram it through Parliament, ignore public consultations, basically avoid real debate and also miss the opportunity for proper scrutiny. Hence, there are measures in this budget implementation act to correct mistakes in previous budget implementation acts.

In terms of trademarks, three weeks ago the Canadian Chamber of Commerce issued a call to action to their members in response to the trademark provisions of Bill C-31. Canadian entrepreneurs, who are the real job creators of our country, are concerned that Bill C-31 would remove the requirement to use a trademark before it could be registered.

We have heard from chambers across the country, from Surrey, Burnaby, Kamloops, Leduc, Winnipeg, Sudbury, Sarnia, Oakville, Milton, Newmarket, Richmond Hill, East Kawartha, Haliburton Highlands, Northumberland, Fredericton, Gander, Beaverton, Winkler and the Northwest Territories. These chambers of commerce have contacted us to say that Bill C-31 and these changes to the trademark provisions will increase the cost of doing business in Canada and will make Canada a less competitive country.

They are concerned that Bill C-31 will lead to trademark trolls and greater levels of litigation. They ask that the trademark provision of the bill be removed. They take great exception to the fact that they have not been consulted by the government.

We have heard from specific companies, including Giant Tiger, Sobeys, Credit Union Central of Canada and PepsiCo. These businesses that operate in Canada and employ a lot of Canadians are offering their valuable advice and professional expertise on an issue with which they have great familiarity.

However, instead of listening, the Conservatives have basically ignored their concerns and dismissed them out of hand. In fact, at the finance committee the Conservatives attacked the credibility of the Canadian Chamber of Commerce. They actually questioned the chamber's true motives and suggested it was just self-interested lawyers who wanted to maximize fees, not employers who wanted to grow the economy and hire more Canadians.

There has been a lot of discussion on FATCA. Members of the business community are not the only ones who are being squeezed by Bill C-31. Canada-U.S. dual citizens are left out in the cold. The minister and even some finance officials could not actually answer the question of how many Canadians would be affected. The reality is that it is about a million Canadians who are caught in this dragnet.

Bill C-31 includes the intergovernmental agreement, or the IGA with the U.S., to implement FATCA. This should not be in a budget bill; it should be before the justice committee. There are strong foreign policy implications and issues of extraterritoriality. The agreement reached by the government is flawed. There are a lot of Canadians living in Canada with a connection to the U.S. They do not even know they are considered by the IRS to be taxable as Americans, in many cases.

The list includes persons born in the U.S. or born to an American parent, even if they have never lived in the U.S. While there are some exemptions for Canadian banks in terms of reporting, there are no exemptions for the Canadian citizens who happen to, in some cases almost by accident, be considered American taxpayers under this legislation.

One of the concerns that we have is that registered programs, for instance registered disability savings plans and registered education savings plans, these types of programs into which the Canadian government contributes matching grants to the investments made by Canadian citizens and taxpayers, those matching grants, we were told at committee and it was confirmed, will actually be considered taxable income by the IRS.

The intention, of course, of those matching grants by the Canadian taxpayer is to help young Canadians get an education or to help disabled Canadians benefit. It is not to effectively subsidize the U.S. Treasury.

These are some of the challenges in this legislation. Unfortunately with an omnibus bill, we have not been given the opportunity as parliamentarians to do our jobs properly and, at the appropriate committee, to scrutinize this massive, complex and unwieldy omnibus legislation by the Conservative government.

[Mike Allen, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, my colleague talked about the testimony that we received at committee with respect to the accounts under the IGA that are going to be excluded from the actual reporting to the CRA and then to the IRS. There is a significant number of them.

We also heard testimony in committee that their taxation of those was going to be conditional. They would not be taxed on the way in, but on the way out, just like they are in Canada. It was stated to us in committee that it was going to be on the way out, not the government contribution on the way in. One can imagine an education savings plan, for example, being used by a low-tax individual. The chances of that being taxable or creating any tax on it in the U.S. is virtually zero.

The hon. member is mixing up a lot of the IGA with tax filings. U.S. citizens have had to file, or are supposed to have filed, since 1913. FATCA came about in 2010. Does the member remember the testimony in committee that it is actually going to be taxable on the way out, so it might not necessarily even apply?

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

Mr. Speaker, as my colleague from the finance committee has confirmed, earnings based on the matching grants provided by the government will be taxable income under the IRS. It is absolutely perverse that the Canadian government is putting in these funds to benefit Canadian families. Ultimately, earnings on these funds, these matching grants, will be funnelled through to the IRS and the U.S. Department of the Treasury—

[Mike Allen, Conservative, Tobique—Mactaquac, NB]

No.

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

Mr. Speaker, he actually just said it. He said that, in fact, earnings on these matching grants will be considered taxable income in the U.S., and he is right.

He spoke of an exemption. He is half right. There is an exemption for Canadian banks under FATCA, but there is no exemption for Canadian citizens under FATCA. Regarding these registered plans, for which there ought to have been an overall exemption for Canadian citizens because of the matching grants, the government did not negotiate a good deal in Washington.

In the same way that the government lacks the capacity to get a pipeline built in the U.S., because of the lack of relationships with the Obama administration, it failed to defend Canadian interests in terms of FATCA.

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

Mr. Speaker, I listened with interest to my colleague's speech, especially the part about trademarks. For two and a half years I was a member of the Standing Committee on Industry, Science and Technology that studied intellectual property and trademarks extensively.

Like my colleague, I was extremely surprised to see that a large part of the budget implementation bill concerned trademarks. The bill should have been split.

I would like the member to further comment on the impact that implementing Bill C-31 will have on Canada's economy.

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

Mr. Speaker, I very much appreciate my colleague's question.

Chambers of commerce across Canada have opposed on many occasions the changes to trademarks proposed in this bill. It is absolute rubbish that such changes are included in a budget implementation bill.

These changes should be studied by the Standing Committee on Industry, Science and Technology. The member is right when she says that this is not appropriate. The chambers of commerce find it ridiculous that the government is including these very significant changes in this bill, because they will reduce the competitiveness of Canadian businesses. This is bad for the economy.

[Emmanuel Dubourg, Liberal, Bourassa, QC]

Mr. Speaker, it is my turn to speak in the debate on Bill C-31 concerning the budget. We can say from the start that this budget will not go down in history, for a number of reasons.

First, there is nothing in this budget to help middle-class families overcome or improve difficult situations in their lives. Second, there are no possibility whatsoever of creating jobs. Ultimately, this budget does nothing to stimulate the Canadian economy. We are well aware that there will be an election in 2015. This budget is therefore a strategy that is being put forward.

An omnibus bill over 300 pages long that deals with a little of everything is a catch-all. Among the things it deals with are railway safety and the Champlain Bridge. There is a multitude of information in this bill, when we really do not have the time to debate each of its elements in depth.

I would say, however, that there are some positive points in this budget. For example, I could mention the program established for whistle-blowers, in spite of the fact that the government cannot tell us, for example, how much money that program is going to generate or how much it will cost. It also contains measures to raise the adoption tax credit and the credit for certain medical expenses, as well as lowering the GST on health services.

What I am going to focus on tonight is the government’s attitude toward the confidentiality of personal information. There are two places in this bill where Canadians’ privacy is attacked. To begin, my colleague has just talked about FATCA, and that is indeed the first element. The second element is the sharing of information between the Canada Revenue Agency and the police.

We will start with FATCA. We know that FATCA is an acronym that refers to an American law. An agreement that has been made with the Minister of Finance affects Canadians who are dual nationals, and that affects about a million people.

Under that agreement, Canadian banks will now give information about those people to the Canada Revenue Agency, and that agency will do the dirty work of transmitting the information to the IRS, the American counterpart of the Canada Revenue Agency. This is what was recently signed. We are truly appalled by it, because doing this kind of thing to assist the Americans is not appropriate.

The other element concerns the sharing of information with the police. Today, I put the question directly to the Minister of National Revenue, because the purpose of clause 28 of this bill is to allow any official of the Canada Revenue Agency to transmit personal and confidential information to any police force, without the taxpayers’ consent. This is a frontal attack on Canadian tax confidentiality. This clause violates the right to liberty. It is going to lead to unreasonable searches. That is why we must not go ahead with clause 28.

In fact, the Supreme Court has already ruled on this point, in Jarvis and in Ling. Those decisions hold that once an audit becomes an investigation, in particular for tax fraud, the taxpayer’s rights as guaranteed by the charter come into play. Failure to caution the taxpayer about the possible use of the information obtained in a criminal proceeding is a violation of the rights guaranteed under section 7.

This violates the principles prohibiting self-incrimination.

I am wondering what the Conservatives hope to change with section 28. I spent almost 20 years at the Canada Revenue Agency. As a fellow chartered professional accountant, I understand these situations. The Income Tax Act clearly sets out the circumstances under which a government official cannot obtain information. I am talking specifically about subsection 241(1), which states:

Except as authorized by this section, no official...of a government entity shall...knowingly provide, or knowingly allow to be provided, to any person any taxpayer information...

It clearly states “except”, but under what circumstances? Subsection 241(3.1) stipulates that government officials can provide information if people are in danger. Subsection 241(3) stipulates that information can be provided when criminal activity is involved.

Right now, when Canada Revenue Agency auditors come across criminal information in the course of their duties, they have a duty to provide that information to special investigations through a liaison officer. That way, a clear distinction is made between the civil audit and the criminal investigation. Once the file has been sent to special investigations, investigators will meet with the taxpayer, if they decide to take the case.

However, they must first inform the taxpayer that he is under investigation since they have the authority to conduct searches. They have a lot of authority but they always require approval from a judge to exercise it. The result is that the auditors can impose civil penalties while the investigators can seek a conviction. These taxpayers could spend up to two years in prison.

To come back to the amendment to section 28, if a Canada Revenue Agency official gives information to the police and the police decides to use it to conduct a search and take things farther, can the police actually use that information if the taxpayer did not give his consent to the Canada Revenue Agency to share the information with the police? This would automatically compromise the evidence that the police could use to convict that person.

I am therefore wondering why the Conservatives want to go there. I do not understand. This is part of the Conservatives' philosophy. They have no interest in the privacy of Canadian taxpayers. Their philosophy is to move forward, regardless of the situation and without regard for people's privacy. That is not right. We need to put a stop to that. We must remove the amendment to section 28 from this bill because it puts at risk Canadian taxpayers who are in this type of situation.

[Mike Allen, Conservative, Tobique—Mactaquac, NB]

Mr. Speaker, I thank my colleague for his speech and his positive comments.

I have a couple of questions I would like to ask. One is on the part that the member just talked about, which is a very narrow provision that the CRA would only report in the cases where there are reasonable grounds that there has been serious criminal activity happen and only in that case. Does he not think that it is important to ensure that we are able to cover that off?

The second question is with respect to the FATCA provisions. Given his tremendous length of experience, he would know that FATCA is a U.S. law. The U.S. is going to implement it as it has against other countries already. Is it not better to see an information exchange through CRA and the IRS that takes into account the existing privacy provisions for that information as opposed to going to FATCA anyway and the U.S. negotiating individual deals with each individual bank that could have serious problems with privacy concerns?

[Emmanuel Dubourg, Liberal, Bourassa, QC]

Mr. Speaker, first, let us start with the last point. The member mentioned FATCA and the information exchange with the Americans. He did say “information exchange”, but no provision is made for any exchange in the agreement that was signed. The Canada Revenue Agency will give the information of taxpayers who have dual citizenship to the IRS in the United States. That is not an information exchange. We do the work for the Americans. I should also mention to the honourable member that the Canada Revenue Agency already exchanges information with other countries.

Second, I understand why one would want to fight a certain number of crimes, whether it be cybercrime, drug trafficking or other crimes, given the advent of new technology. However, clause 28 is not the solution. When an auditor encounters a drug-trafficking situation, he transfers it to special investigations.

There is no need for that.

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

Mr. Speaker, I would like to thank the member who just spoke. He was elected very recently, but I was very pleased to hear him say that omnibus budget bills make no sense. However, who began introducing omnibus budget bills, if not the previous government, that is to say the Liberals? It was under the Liberals that we began using this completely undemocratic and irresponsible method of governing. We will excuse him, since he was elected very recently. I am pleased that he acknowledges the problem with this kind of budget.

I would like him to speak more to the consequences this budget will have. What is missing from this budget? How could this budget create genuine economic growth or real full-time jobs? I would like him to talk about what is missing from this budget.

[Emmanuel Dubourg, Liberal, Bourassa, QC]

Mr. Speaker, I thank my colleague for her question.

Once again, and I have been saying this since yesterday, what we want to do is to work for the middle class. When we consider a budget bill introduced by the Conservative government and an NDP member talks to me about what the Liberals previously did, I do not spend my time on such arguments.

As I said, this budget contains a number of promising elements. However, I do not agree with the idea of adding a number of measures that make no sense, do not create jobs and do not favour the middle class. I think we must get down to essentials. Should we join forces to combat the Conservatives’ attitude or should I let the NDP select inappropriate targets instead?

[Bal Gosal, Conservative, Minister of State (Sport)]

Mr. Speaker, I will be splitting my time with the member for Tobique—Mactaquac.

I am happy to discuss economic action plan 2014, because I feel that it is the right budget for Canada and for Canadians. After all, Canada has the strongest job creation record among the G7 countries, with more than one million net new jobs created since the depth of the global recession. Economic action plan 2014 would continue our government's focus on creating more jobs and growing the economy even further, including in my riding of Bramalea—Gore—Malton, in Brampton, Ontario.

Economic action 2014 contains provisions that focus on putting money back into the pockets of my constituents and Canadians from coast to coast, with no new taxes on families or businesses. When I am door-knocking in my riding or visiting local businesses, keeping taxes low is a topic that comes up often. Canadians know that the Conservative Party is the party of lower taxes. It is our government that manages to save Canadians money while at the same time managing to balance the budget in the medium term. At the end of the day, that takes hard work, fiscal prudence, and a lot of planning, because unlike the leader of the Liberal Party, our government is fully aware that budgets do not magically budget themselves.

I would like to speak to a very special area of the budget that is close to my heart, which is the great investment in sport, an investment that would help our high performance athletes and individuals in our communities. I would like to focus on a proposal to invest in stronger communities by contributing an additional $10.8 million over the next four years to support the efforts of Special Olympics Canada.

Special Olympics Canada is national in scope, with provincial organizations across the country. It provides sports training and competition opportunities for over 36,000 athletes of all ages with an intellectual disability. It has a network of more than 16,000 volunteers, including more than 12,000 trained volunteer coaches. Its vision is to continue to improve and expand the quality, opportunity, and accessibility of sports for the individuals it works with. Along with this, it strives to improve both awareness and the support of the community with regard to Special Olympics Canada and those involved with it.

In fact, here is what Sharon Bollenbach, CEO of Special Olympics Canada, had to say following the release of economic action plan 2014:

Special Olympics Canada is very pleased to be included in today's 2014 federal budget announcement. This commitment will allow Special Olympics Canada and the twelve provincial and territorial Chapters to extend our reach to even more Canadians with an intellectual disability. We are extremely grateful to the Government of Canada and thank them for their ongoing support and commitment to Special Olympics in Canada.

I am confident that we would be giving the tools to Special Olympics Canada that would allow it to support the growth and ongoing delivery of community-based programs, in particular to increase the number of registered athletes and volunteers.

There is much more. Economic action plan 2014 would see continued support for Canada's Olympic and Paralympic athletes, along with funding for organizations such as le Grand défi. I am also proud of the support our government provides to such groups as Canadian Tire Jumpstart, KidSport, and Canadian Sport for Life.

Now, as I highlight the government's ongoing record level of commitment to sport, including the continued enrichment of the lives of Canadians with an intellectual disability through sport and competition, the promotion of healthy lifestyles for Canadians, and providing amateur athletes with greater retirement savings opportunities, I would like to discuss why it is needed.

Sport strengthens our communities and is a powerful means of enhancing the lives of Canadians of all ages, particularly children and youth, by enabling them to become active and healthy. Sport contributes to our sense of national pride through the pursuit of excellence by our high-performance athletes. Our government is committed to encouraging healthy lifestyles for Canadians.

Meanwhile, when it comes to our high-performance athletes, income contributed to an amateur athlete trust currently does not qualify as earned income in determining an athlete's annual registered retirement savings plan contribution limit. This rule limits the amount of RRSP room available to amateur athletes to save for retirement, entailing another sacrifice for amateur athletes who delay their careers to represent Canada internationally. Economic action plan 2014 proposes to allow income contributed to an amateur athlete trust to qualify as earned income for the purpose of determining an athlete's annual RRSP contribution limit. It is just one more way our government is working to support our high-performance athletes who represent our country so well on the national and international stages.

Economic action plan 2014 would also help our amateur athletes because it proposes to maintain the Government of Canada's record level of investment in sport, including ongoing programming support for our Olympic, Paralympic, and Special Olympic athletes and coaches. Beginning in 2015-16, economic action plan 2014 proposes to dedicate ongoing funding of $23 million per year for the sport support program, which goes to help Canada's national sports organizations, and in turn, our athletes. This includes $11 million for winter sports through Own the Podium, $6 million for team sports, $5 million for the Canadian Paralympic Committee, and as announced on February 5, 2014, $1 million for the Special Olympics.

I am also proud to reiterate that our government has already committed to investing up to $500 million in the 2015 Pan American Games and Parapan American Games in the GTA. Canadian sports excellence and culture will be on display as Canada hosts up to 10,000 athletes, coaches, and officials from 41 countries for the Pan American Games in July and the Parapan American Games in August. These games will create a lasting legacy for Canada for both the athletes and their communities for years to come.

Sport contributes to the development of life skills by our children and youth and promotes healthy, active lifestyles and strong communities. For athletes with an intellectual disability, the impact is even more far-reaching. The program offered by Special Olympics Canada develops lifelong physical fitness habits and contributes to confidence, high self-esteem, and the development of other life skills.

It is my hope, going forward, that our government will continue to support Canadian athletes and our sports system and will work closely with Special Olympics Canada and le Grand défi to implement the renewed programming.

By allowing income contributed to an amateur athlete trust to qualify for the purpose of determining RRSP limits, the measure would provide more flexibility for amateur athletes to save for retirement on a tax-assisted basis and would ease their eventual integration into the workforce by deferring tax on income from their athletic endeavours.

Getting away from my discussion of sports, I want to finish my time by discussing our government's number-one priority: jobs, economic growth, and long-term prosperity.

One major component of Canada's economic success will require the successful integration of new immigrants who can meet Canada's current and future labour-market demands. Our government remains committed to transforming Canada's immigration system, making it faster, more fair and flexible, and responsive to the country's labour market. Already, under our government, the backlog of permanent resident applications has been reduced by approximately 50% since our taking office.

I am proud to say that since 2006, our country has welcomed an average of 254,000 newcomers each year, the highest level ever, while the demand for citizenship has increased by more than 30%. Earlier this year, our government unveiled the first comprehensive reform to the Citizenship Act since 1977 to further improve the citizenship program.

[The Speaker, Andrew Scheer]

I was trying to indicate the one-minute mark to the hon. member a little over a minute ago, so we will have to move on to questions and comments.

Questions and comments, the hon. member for Newton—North Delta.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I was really fascinated with the tale that my colleague delivered. When I heard him talk about immigration, I began to wonder where he had been over the last number of years. Under the Conservative government, the door has been shut on family reunification, which has been turned into a lottery system; applications from skilled workers are being shredded by the hundreds and thousands; and the floodgates have been opened up to temporary foreign workers based on absolutely no reliable data, which even the government has now acknowledged. He talked about all the great jobs that have grown. From what I have seen and I experience in my riding, a lot of these jobs are temporary, short-term, part-time kinds of jobs closer to minimum wage.

What is his response to all those Canadians who have been turned away from jobs or have been fired because his government has allowed the temporary foreign worker program to balloon?