Economic Action Plan 2014 Act, No. 1

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

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

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

June 12, 2014 Passed That the Bill be now read a third time and do pass.
June 12, 2014 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) has not received adequate study or amendment by Parliament; ( b) cancels the hiring credit for small business ( c) raises costs for Canadian businesses through changes to trademark law that have been opposed by dozens of chambers of commerce, businesses and legal experts; ( d) hands over private financial information of hundreds of thousands of Canadians to the US Internal Revenue Service under Foreign Account Tax Compliance Act; ( e) undermines the independence of 11 federal administrative tribunals; and ( f) fails to fully compensate for years of unjust clawback to the benefits of Canada's disabled veterans.”.
June 9, 2014 Passed That Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 376.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 375.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 371.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 369.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 317.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 313.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 308.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 300.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 223.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 211.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 206.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 179.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 175.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 110.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 28.
June 9, 2014 Failed That Bill C-31 be amended by deleting Clause 27.
June 9, 2014 Failed That Bill C-31 be amended by deleting the short title.
June 5, 2014 Passed That, in relation to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than five further hours shall be allotted to the consideration at report stage of the Bill and five hours shall be allotted to the consideration at third reading stage of the said Bill; and that, at the expiry of the five hours provided for the consideration at report stage and the five hours provided for the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stages of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.
April 8, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
April 8, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) amends more than sixty Acts without adequate parliamentary debate and oversight; ( b) does nothing to create quality, good-paying jobs for Canadians and fails to extend the hiring credit for small business; ( c) fails to reverse devastating cuts to infrastructure and healthcare; ( d) hands over private financial information of hundreds of thousands of Canadians to the US Internal Revenue Service under the Foreign Account Tax Compliance Act; ( e) reduces transparency at the Atlantic Canada Opportunities Agency; (f) imposes tolls on the Champlain Bridge; ( g) jeopardizes the independence of eleven federal administrative tribunals; and ( h) enables the government to weaken regulations affecting rail safety and the transport of dangerous goods without notifying the public.”.
April 3, 2014 Passed That, in relation to Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than three further sitting days after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 10:15 p.m.


See context

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, in this particular situation the individual in question's parents have renounced their American citizenship. They no longer have to file U.S. taxes. However, the U.S. government refuses to accept their son's renunciation, so they have to do it on his behalf because he is mentally disabled. The U.S. government has decided that he does not know what he is doing and therefore it will not accept it, so his parents must still file taxes on his behalf and pay U.S. taxes because our tax treaty with the U.S. does not cover the disability tax credit. Therefore, receiving the disability tax credit is of no benefit to this individual because he has to pay the money back to the U.S.

In addition, he was never in the United States in his life. He was born in Canada. His parents happen to be Canadian citizens as well but were born in the United States. The U.S. government has decided that these children are now captured by FATCA, so this individual would have his personal tax information, personal banking information, and the contents of his bank accounts reported to the U.S. for the purpose of its tax compliance, not ours.

That is a horrible example of what would happen as a result of this bill. It is a horrible example of the way the government has negotiated deals with the U.S. First it was the softwood lumber deal; it has not managed to update the tax treaty; and now it has this FATCA deal that would allow the U.S. government access to tonnes more personal information on about a million Canadians, some of whom were born here and have never lived in the U.S., but the U.S. government considers them U.S. citizens. U.S. persons, I think is its terminology. Therefore, the Conservatives opposite do not understand all the implications. Perhaps they think it is a big joke, but it is not a joke to that individual or his parents who are trying to comply with the law and who have discovered just how expensive that is, in addition to the thousands of dollars they have to pay to accountants to figure out the U.S. tax obligations.

In addition, there were a number of promises made in two budgets, both 2013 and 2014, that we have still not seen.

Seniors in my riding who do not have Internet access are still paying $2.26 a month, and in some cases $3.39 a month, in order to pay their bill by getting a bill in the mail. As I recall, there was considerable hoopla by the current government about how it would end that practice. It has not ended. It is not in this budget. It was not in the previous budget. It was in the budget statement, but it is not in this budget implementation bill. My riding is made up of individuals who do not have a lot of money in the first place. They do not have enough money in many cases to be able to afford the Internet, so they have to get their bill in the mail. They get their bill in the mail and have to spend an extra $2.26. I say 26¢ because that is how much tax is paid on that extra bill that those individuals get for wanting to get their bill in the mail. The government has done nothing about that.

In addition, the former minister of finance suggested in the 2013 budget that the government would be implementing legislation that would ensure that, if it were spending federal infrastructure money on infrastructure in this country, apprenticeships would be part of that spend. That has not happened. One of the most difficult things we have not been able to sort out is that we have a skills shortage in this country, according to the minister opposite who deals with this kind of thing, yet we cannot train people because we cannot get apprenticeships for them. We cannot get apprenticeships because we are spending money and having to hire temporary foreign workers. It is a crazy system. The former finance minister got it and he suggested the solution, but nothing has been done.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 10:20 p.m.


See context

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, when I gave my comments before, I said that one of the unfortunate things about the FATCA part of it is that people are confusing the need to file a tax return in the U.S. with the requirement that we have under FATCA. The situation that the member raised, as troubling as it is, does not change with FATCA, because that is a tax compliance issue that the individual and his family have.

If we look through FATCA, assuming that we start with a million individuals as I went through the numbers here a while ago, every account with less than $50,000 would be non-reportable. All registered accounts would be non-reportable. Between $50,000 and $1 million, there would be an electronic scan. If there are no U.S. indicia, guess what? It would be non-reportable. Most people have never given that on their bank account, whether it be an address or taxpayer identification number. The only amount that we get into a real challenge with is over $1 million, where there would have to be a manual check.

I am just encouraging the member to clarify the comments. There is a difference between the tax compliance and filing of this issue and the FATCA and, more importantly, the intergovernmental agreement that we signed to protect Canadians.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 10:20 p.m.


See context

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, it would not protect Canadians' personal, private information. That is part of what we are talking about here.

I am sure there are many Canadians out there who do not understand what U.S. indicia are. I do not think it is defined anywhere in the budget document to explain exactly what U.S. indicia are.

The whole point of my comments was that there are a number of problems between this government and the U.S. government regarding tax compliance. FATCA makes it worse. FATCA would actually distribute a whole lot of information to the U.S. that the U.S. is not entitled to have.

Economic Action Plan 2014 Act, No. 1Government Orders

June 11th, 2014 / 10:20 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, my hon. colleague is absolutely right. The terms around FATCA are not defined.

The intergovernmental agreement, the so-called IGA between the U.S. and Canada, has not been ratified as a treaty by the United States. We are treating it as though we have treaty obligations. The U.S. has not ratified it. We have been warned by the leading lawyers in this country, including Professor Peter Hogg, our leading constitutional expert, that this FATCA would violate section 3 of the charter. We have been warned by Professor Christians, who is the Stikeman Chair at McGill, that this FATCA would not need to be implemented to protect our banks from U.S. retaliation, that the U.S. would not have an automatic legal right to pursue sanctions against the banks based on something that is as outrageous as the extraterritorial application of U.S. law, treating Canadians citizens now in two classes. Those two classes would be those who have some contact with the United States and those who never did.

I ask if my hon. colleague would agree with me that we will see this FATCA before the Supreme Court of Canada where, once again, one of the current administration's laws will go down to defeat.

Economic Action Plan 2014 Act, No. 1Government Orders

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


See context

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, yes, this is yet another bill that is likely to find its way to the Supreme Court at some point and be ruled ineffective and that it is not possible to have this bill, particularly the FATCA portion of it. That is something we face, apparently, almost on a daily basis. The government brings forward laws that are in violation of Canada's charter and Constitution and, in fact, of other laws that the government supposedly wants to uphold, like privacy laws.

We just cannot continue this way. We cannot be bringing forward laws that are not in compliance with the other laws of this country.

Economic Action Plan 2014 Act, No. 1Government Orders

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


See context

NDP

Raymond Côté NDP Beauport—Limoilou, QC

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

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

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

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

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

It says:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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NDP

Hélène LeBlanc NDP LaSalle—Émard, QC

Mr. Speaker, I would like to thank my colleague from Beauport—Limoilou for his speech, and especially for reminding us, once again, that this omnibus bill is hiding a multitude of sins. It must be acknowledged, however, that the NDP would support certain aspects of the bill, which was the case with previous bills. However, when everything is placed in an opaque envelope full of measures we oppose, it is simply not possible to vote blindly for this kind of legislation.

I mentioned that I am the critic for co-operatives. Co-operatives make a very significant contribution to the Canadian economy, especially the Quebec economy. I would like my colleague to tell us more about what is missing from the bill, and what we would like to propose in terms of creating jobs that would support the local economy.

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


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

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

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

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

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


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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I had a conversation with my colleague earlier, during the debate, about housing.

When it comes to first-time home buyers, it seems to be that the magic is to lower taxes on a marginal level. There is more to it than that when it comes to first-time home buyers.

This bill lacks the vision to create more programs for first-time home buyers, to make it easier for them. I was one of the people who took advantage of a program, and it had very little to do with the tax rate of the day. I wonder if my colleague could comment on that, please.

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June 11th, 2014 / 10:40 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to thank my colleague from Bonavista—Gander—Grand Falls—Windsor for his question.

I will mention the rather surprising fact that my Conservative colleagues have remained seated, with their bums glued to their seats, instead of participating in the debate. I do not know why they refuse to rise.

My colleague pointed to another important aspect: providing measures for the middle class, or for all Canadians, so that, in turn, they can improve their lot. Buying property is but one example among many others. We could also consider implementing measures to reduce banking transaction fees, which we have supported for a very long time.

There is no mention of measures to support our workers and small business owners, who currently are not being properly compensated for their efforts. This is probably the most scandalous aspect of the situation in Canada: the large number of people who are being left behind, or, in fact, middle-class Canadians, who are no longer entitled to receiving what is owed to them.

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June 11th, 2014 / 10:40 p.m.


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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Employment and Social Development and Minister for Multiculturalism

Mr. Speaker, I am delighted to enter into the debate on these important measures.

I will begin by saying that we are proud of this government's economic record. I recently attended a conference in Europe with leaders of international companies and heads of government from the developed world. I was struck by how impressed these people were by Canada's economic record. Everyone I met said that, to them, Canada was a model for the rest of the world when it comes to prudent policies and economic growth. It is true. Here people criticize us, which is normal in a democracy. We are aware of our weaknesses and the areas we can improve on. However, sometimes we have to go overseas to see how others look at Canada, how our country is perceived internationally.

According to the World Bank, Canada has one of the strongest fiscal and economic frameworks in the world. The World Economic Forum has said for six straight years running that Canada has the most stable banks in the financial services sector. The OECD just today published its Canada annual country report, which was filled with praise for our country's record on a number of things, including the progress that we are making on skills development. The IMF has singled Canada out as having struck the right balance.

By the way, I was very touched by the preface in the report issued today by the Organisation for Economic Co-operation and Development, written by the director of the OECD. It was a preface of praise for our late colleague, the hon. Jim Flaherty. The head of the OECD credited Mr. Flaherty for his prudent leadership and strong fiscal management. I mention that at the outset to say that we are, indeed, regarded around the world as something of a model.

There remain challenges. While we have seen the creation of some 1.1 million net new jobs since the height of the global economic downturn, while we have seen relatively strong economic growth, while we are on the cusp of a balanced federal budget, while federal taxes are at their lowest level as a share of our gross domestic product since 1965, while we have all of these things, the truth is that there remain challenges. For me, one of the great challenges is what I call the skills gap, the skills mismatch.

It is interesting that in the report issued by the OECD today, it confirmed what this government and I have long said, which is that while there may not be general labour shortages in the Canadian economy, there are clearly sectoral and regional skills shortages. None of us should put our heads in the sand about that. Every major business organization in the country predicts that by the end of this decade, there will be a significant shortage of workers in its respective sector. Indeed, The Conference Board of Canada most famously issued a report several years ago projecting that by the end of this decade, Canada would be facing a shortage of some one million workers in various fields.

What I find interesting is that we have a very well-educated population. As the OECD report demonstrates yet again today, Canada has the highest rate of enrolment in tertiary education. That is, essentially, to say university and post-secondary academic education. Therefore, about 52% of our youth are enrolled, participating in university level academic formation. That is a very good thing.

It means that effectively we have one of the best-educated populations in the world right now.

However, I must add parenthetically that there are at the same time some worrying signs on the dashboard. Last year the OECD issued a very disturbing report that demonstrated a slide, a decline, in basic numeracy and literacy for young Canadians vis-à-vis our international competitors. Asian countries, such as Korea, are skyrocketing ahead of Canada when it comes to results, particularly in the STEM disciplines of science, math, and the like.

Our primary and secondary education systems have to keep pace. It is not good enough to have a high rate of tertiary post-secondary enrolment.

However, one of the problems that vexes all of us is the continued stubbornly high level of youth unemployment. About 13% of Canadians between the ages of 15 and 25 who seek employment are unable to find it. This is clearly too high. Youth unemployment is about twice as high as general unemployment in our economy.

We see other cohorts in our population with similarly unacceptable high levels of unemployment. Recent immigrants, those who have been in Canada for less than five years, face an unemployment rate between 13% and 14%. There are some 800,000 Canadians with disabilities, according to the ministerial advisory Panel on Labour Market Opportunities for Persons with Disabilities, who might be willing to or are interested in working but who do not have work, and we also have completely unacceptable levels of unemployment among our aboriginal people.

While our economy is generally prosperous and our labour market is doing significantly better than in most developed countries, these are areas that we all need to focus on. I invite creative ideas from all parties on how to address the challenge of youth unemployment, for example.

However, here is the paradox for me: we have very high levels of university enrolment, the highest in the developed world, yet very high youth unemployment as well. What is going on here?

Well, at the very same time, we see a boom in the commodities sector, the extractive industries in oil and gas, and in mines, in a huge swath of northern Canada from the offshore oil projects in Newfoundland and Labrador to Muskrat Falls hydroelectricity to iron ore developments and other mines in Labrador.

I am also thinking of all the mining projects in northern Quebec.

There is the Ring of Fire in northern Ontario, and projects all across the northern span of the Prairie west. My friends from Provencher and Brandon—Souris know very well the huge growth as a result of the Bakken reserve in southwest Manitoba that extends into Saskatchewan. Saskatchewan, of course, has huge uranium and potash developments, as well as oil and gas. There is bitumen in northern Alberta, which has the world's second-largest proven oil reserves.

There are energy infrastructure projects, such as Energy East and perhaps Keystone XL, with potential pipelines to our coasts. There are all of these huge projects.

There are also mines in British Columbia, a modest renaissance in the forestry industry, and huge mining potential and developments across the three northern territories.

In February, I had the opportunity to go to the Yukon, the Northwest Territories and Nunavut and see many of these projects at work; I wanted to find out how we can hire aboriginal workers to help train the workforce so that they can take part in these projects in northern British Columbia and in all these regions.

With all of those projects together, we have what some people are calling a new industrial revolution, and we ought not turn up our noses at it.

There is in some perhaps elite policy circles a view that Canadians should be ashamed that much of our economic history has been characterized as “hewers of wood and drawers of water”. The truth is we are a highly advanced, extremely well-educated, diversified, and increasingly urbanized economy with value-added industries, with remarkable research development, science, technology, and high tech, with a very robust service industry. All of those are great things. We should never be ashamed.

I look at my friend from North Bay here, my friends from New Brunswick, my friends from all different corners of the country, whose livelihoods in those communities are dependent on forestry, mining, extractive industries, these things that have been the spine of the Canadian economy for 200 years. We have a new renaissance.

Here is the challenge. While increasingly technology drives those industries, we also need skilled tradespeople. We need the people who can actually build those mines, develop those energy projects, build the offshore platforms, build the hydroelectric dams, and so forth. We are talking here collectively about hundreds of thousands of future jobs in, not exclusively, but many of the skilled trades and related technical vocations.

Here is the big challenge I see. For the better part of 30 years our education system writ large has not been preparing young Canadians for those vocations, for the trades, for construction-related vocations, through apprenticeship programs. Instead, we as a society, all levels of government, the primary and secondary school systems, parents, the culture generally, have been sending all sorts of cues in creating multiple incentives for young people to go into tertiary academic university education. Typically the results of that kind of formation are very good. Typically the results are very strong. Typically incomes for young people with university degrees are significantly above the average.

But here is the truth. If we dig below the numbers, dig below the superficies, we will see that there are many young people going to university, incurring debt, graduating with hope that they will be able to work in their field only to find that there is no employment, perhaps for people with degrees in international relations or communications or people who have graduated from our education faculties with teaching degrees. A growing number of those young Canadians find themselves either underemployed or worse, unemployed. Many of them find themselves frustratingly stuck, as they would see it, in the service industry at close to minimum wage. At the same time, here is the paradox. We have a growing demand for people in skilled trades and technical vocations. What is going on here?

There is another challenge. The public sector, federal and provincial governments, spend more collectively on skills development and job training than virtually any other developed economy in the world. The private sector companies in Canada spend less as a share of our GDP on skills development than virtually any developed economy. One way of looking at that is that employers have been getting a bit of a free ride on taxpayers' spending in skills development.

These are all reasons why I have said that I see the key part of my job as Minister of Employment in addressing the paradox of an economy that has too many people without jobs and too many jobs without people.

Let us be clear. Again, we do not face general skills shortages. There are about 6.5 unemployed Canadians for every job that is being listed and unfilled. Clearly, there is a surplus of unemployed Canadians. That is what the aggregate labour market information tells us. This is why we do need substantially better, more granular labour market information. We need to know what is going on in particular regions and industries, which is why it was announced this week that our government will be launching two new robust labour market information surveys through Statistics Canada.

One is a quarterly survey on job vacancies that will get us very granular data by sector and region, and another is an annual survey on wage rates.

This will help us to much better inform policy and to communicate to young people where the best opportunities are. For example, later this year my ministry will be launching online, downloadable apps for smart phones, et cetera, that will help young people to establish what they are likely to make, in terms of salary, through different kinds of training.

They will, for example, be able to find out that someone with a political science bachelor of arts degree, on average, makes $52,000 five years following graduation, but that someone who has completed a Red Seal certificate journeyman's program as an electrician, on average, is likely to be making $63,000 five years following certification.

I am not sure high school counsellors are giving our young people the information that they can make more in the trades. In Britain—and this is remarkable—graduates of apprenticeship trade programs make, on average, the equivalent of a $750,000 Canadian more over their lifetimes than university graduates do in the United Kingdom.

What I want to do is get similar comparative data in Canada that can help to inform the choices young people make. As a Conservative, I believe in maximizing human freedom. I do not think the government should tell young people what kind of formation to take, what kind of job they should be interested in, but what we must do is stop sending cues to young people that suggest they are not fulfilling their potential unless they go into an academic university program. That is wrong.

This is why in March I led a delegation that included many of Canada's major business and employer organizations, some of our largest unions, and five of our provincial governments to Germany and the United Kingdom to study European models of skills development and vocational education.

I must say I was struck by how effective some of those systems are. In Germany, Switzerland, and Denmark, for example, the so-called Germanic model of vocational education training sees on average about two-thirds of their young people at age 16 go into paid trade apprenticeship programs. On average, these programs last for three years and result in their getting a certificate at age 19, a certificate that is considered by everyone in those societies as having the same social and economic value and merit as a university degree.

I know that to the Canadian ear, that might sound a bit disingenuous, but the truth is that everyone we met—government leaders, union leaders, business leaders, and academics—said that there is what they call “a parity of esteem” between skilled trades and professional occupations, between trade apprenticeship programs and university academic programs.

They do not, as we too often do, denigrate or diminish or devalue basic work, vocational training, trades, and apprenticeships. They regard those things as essential. They encourage them. They reward them. They invest in them. They value them. We must do the same here in Canada.

That is why one of the elements of the bill before us is the creation of what I think is the most exciting part of the budget, the Canada student apprenticeship loan. For the first time, we will now be providing interest-free loans of up to $5,000 to an estimated 2,600 apprenticeship students during their block training so that they can help to finance that training.

Right now there is a big opportunity cost when they leave their paid apprenticeship to go into their unpaid block training. This loan would give them a little more financial flexibility. Just as importantly, we are sending a symbolic message that we value apprenticeship training and trades and vocational education just as much as we value university or college academic education.

That is a very important message we are sending in this budget, and I look forward to continued discussions on how we can continue to produce results.

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June 11th, 2014 / 11 p.m.


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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I enjoyed parts of that speech, but I have a big problem with the minister's commitment to understanding a labour market. It results from looking at Treasury Board figures on how many people have been fired from Statistics Canada. Over the last three years, there have been over 2,000 employees fired from Statistics Canada. In the early 2000s, there were about 8,500 employees at Statistics Canada. Now there are about 4,500.

The Conservatives have been chopping and chopping away with their ideological attacks, getting rid of the long form census, and cutting out labour force surveys. Now they are saying they want to have a great handle on how the labour force works, and again, are relying on things like Kijiji to fill the holes.

These folks at Statistics Canada are some of the best trained statisticians in the world. I want to know when he will repopulate the labour force within Statistics Canada so we can understand what is going on with our labour force in Canada.

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June 11th, 2014 / 11 p.m.


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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Mr. Speaker, in fact, Statistics Canada is one of the best resourced national statistics agencies in the world. It is a professional organization that produces very high-quality data and that we support with investments. Its budget is certainly several hundred million dollars a year.

I know the following comment is kind of alien to our friends in the NDP, but we have to balance the budget. Unlike New Democrats, we want to balance the budget without raising taxes. That requires prudent spending management. The only sensible way--

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June 11th, 2014 / 11 p.m.


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Some hon. members

Oh, oh!

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June 11th, 2014 / 11 p.m.


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The Deputy Speaker Joe Comartin

Order, please. I am having a hard time hearing the minister's response.

The Minister of Employment and Social Development has the floor.