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.

The House proceeded to the consideration of Bill C-31, Economic Action Plan 2014 Act, No. 1, as reported (with amendment) from the committee.

Speaker's Ruling

[The Deputy Speaker, Joe Comartin]

There are 272 motions in amendment standing on the notice paper for the report stage of Bill C-31.

Motions Nos. 162 to 165 will not be selected by the Chair, as they were defeated in committee.

All remaining motions have been examined and the Chair is satisfied they meet the guidelines expressed in the note of Standing Order 76.1(5) regarding the selection of motions in amendment at the report stage.

The motions will be grouped for debate as follows.

Group No. 1 includes Motions Nos. 1 to 12.

Group No. 2: Motions Nos. 13 to 160 and 166 to 272.

The voting patterns for the motions within each group are available at the table. The Chair will remind the House of each pattern at the time of voting.

I shall now propose Motions Nos. 1 to 12 in Group No. 1 to the House.

Motions in Amendment

[Murray Rankin, NDP, Victoria, BC]

moved:

Motion No. 1

That Bill C-31 be amended by deleting the short title.

Motion No. 2

That Bill C-31 be amended by deleting Clause 24.

Motion No. 3

That Bill C-31 be amended by deleting Clause 25.

Motion No. 4

That Bill C-31 be amended by deleting Clause 27.

Motion No. 5

That Bill C-31 be amended by deleting Clause 28.

Motion No. 6

That Bill C-31 be amended by deleting Clause 35.

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

moved:

Motion No. 7

That Bill C-31 be amended by deleting Clause 42.

[Murray Rankin, NDP, Victoria, BC]

moved:

Motion No. 8

That Bill C-31 be amended by deleting Clause 50.

Motion No. 9

That Bill C-31 be amended by deleting Clause 75.

Motion No. 10

That Bill C-31 be amended by deleting Clause 99.

Motion No. 11

That Bill C-31 be amended by deleting Clause 100.

Motion No. 12

That Bill C-31 be amended by deleting Clause 101.

Mr. Speaker, I rise today to speak at report stage to Bill C-31, which is entitled an act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures. New Democrats oppose this initiative both on the basis of content, as I will describe, and perhaps equally on the basis of the process that has led us to this stage this evening.

This process includes an anti-democratic effort by the government to push through yet another omnibus budget bill. By my count it is the fifth or sixth, I cannot remember, in Parliament since it achieved a majority in 2011.

These omnibus budget bills, as Canadians know so well, have included measures that have absolutely nothing to do with fiscal or budgetary measures, making enormous changes to our society and to our environment through matters that the government puts in an omnibus budget bill so that it has its way. The opposition, who may oppose or like some of the initiatives, is put in a position deliberately so we have to oppose all initiatives, even those with which we agree. That is the process that has led us to here.

I can also, of course, talk about time allocation, otherwise known as closure, which has also led us to this situation.

By way of introduction on content, the bill fails to take action to create jobs in Canada, using an austerity approach that is so obviously unsuccessful in our country, and would do nothing to reverse the Conservatives' cuts to infrastructure and health care funding, which are having such a devastating effect on so many of our communities.

It also fails Canada when it comes to protecting the privacy of Canadians, an issue that has been in the news so much this week as a hand-picked privacy commissioner was introduced to the Canadian public and to the privacy community with whom he has absolutely no connection.

Members may ask when I say privacy what that has to do with a budget bill. Once again, it is an omnibus budget bill and so our government decided to accept almost holus-bolus things such as the decision to allow the IRS to have some of the most sensitive information Canadians hold namely, their personal financial information, under an American initiative called FATCA.

This is a budget that most tellingly would do little or nothing to address the almost 300,000 Canadians who are unemployed, 300,000 more than after the recession of 2008. Those people are not back to work. Nor would it help to replace the 400,000 manufacturing jobs that have been lost under the watch of the Prime Minister.

Let me begin by talking about the process that has led us to this report stage. After barely 20 minutes of debate at second reading, the Conservatives moved to impose time allocation on debate in the House. Let me repeat that, 20 minutes of debate at second reading for a budget bill consisting of hundreds of clauses covering myriad legislation.

Furthermore, let me outline the motion for the process of the study of Bill C-31 at committee. At 11 o'clock at night on May 29 at finance committee it was deemed that all clauses that had not yet been voted on would be deemed adopted and that all amendments not yet voted upon would be deemed rejected. Once the magic hour appeared, that was it for any kind of debate. Finance committee, of which I am proud to be a member, had to address this. At 11 o'clock at night we all turned into pumpkins, all the amendments were rejected, and it was over. That was the end of it. As I said, 20 minutes of debate and then closure, or time allocation as it is known, occurred. This is democracy I understand.

At committee stage, New Democrats put forward several amendments to insert judicial oversight into dubious information-sharing schemes found in the budget, like the provision that would allow, believe it or not, any CRA official to give information to police without a warrant or any kind of judicial oversight. That will be one of the amendments that will be before us this evening. This is in a budget bill.

In our judgment, the Conservatives voted against all reasonable amendments, with no real consideration of the content. Unless the idea was theirs, it could not have been good enough and would have to be rejected. That is the way business is done at the committee.

We also put forward several amendments to the very controversial FATCA, the Foreign Account Tax Compliance Act, implementation aspect of Bill C-31, which was an attempt to make it a little better, this deeply flawed initiative that the Conservatives put forward, which has no business being in a budget bill in the first place, but there it is.

Serious issues were raised at the committee stage regarding the implementation of this statute. I had hoped that the Conservatives would carefully consider and support the NDP amendments, which had been the subject of evidence from very notable experts, such as Professor Christians, the Stikeman Chair in Tax at McGill University, Professor Cockfield at Queen's, who cautioned us that it was not necessary to proceed and jam this through, as they did, with no amendments whatsoever. Nevertheless, that is what is before us tonight.

We say rushing this through in an omnibus budget bill without proper study is not only reckless but is entirely unnecessary. Why? Because the United States had recently delayed the application of FATCA sanctions until January 2015. We were told that Canada was already deemed in compliance with U.S. law, and legal experts told the committee that there was ample time to properly study and amend the agreement.

More than one million Canadians will be affected by this draconian legislation. The Conservatives demonstrated they did not understand that dual Canadians were just as much Canadians as those of us born in this country. They did not understand the case of an individual in Calgary born of two U.S. persons who came to Canada decades ago, but were deemed to be U.S. persons by our American friends and therefore subject to this draconian statute. They did not understand that, and the evidence was shocking in that regard.

Yet again, we are at report stage asking the Conservatives to slow down and remove FATCA from the budget so it can be properly scrutinized, so we can ensure the privacy and, indeed, the constitutional rights of those dual Canadians, our fellow Canadians, are protected. I assume we will find another negative answer to that question.

As a result of a lack of willingness on the government side to make any amendments to the omnibus legislation, the New Democratic Party has moved to delete 266 clauses at report stage, and that is what is before us.

I do not want to sound like there is nothing in this vast bill that we do not support. We support the fact that in the bill the Conservatives decided to rectify errors in the last budget. Finally, they listened and caught up. The example of that I like the best is their previous attempt to levy GST or HST on hospital parking rights. This is an insensitive and unfair section included in budget 2013. We fought against it and they actually changed their mind, something which is so rare, but there it is. Therefore, I do support that belated attempt to do the right thing on that issue.

In a major blow to small business, such as in my community, I have heard from many small business people about the fact that the bill fails to renew the small business job creation tax credit that was first proposed by the NDP in 2011. The hiring credit for small business is gone. Changes to the labour-sponsored venture capital corporation were proposed. Believe it or not, there were hazardous materials issues in this legislation, rail safety powers, and the like.

Canadians deserve better. They deserve investment, innovation, economic development and high-quality middle-class jobs. They deserve support for infrastructure in communities in a realistic way. Canadians deserve help to save and invest for their retirement and make life just a little more affordable through measures that would reduce household debt, and for the government to provide those services they rely upon.

Unfortunately, this budget bill does none of those things. That is why the New Democrats will not be supporting it.

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

Mr. Speaker, I thank my hon. colleague, the member of Parliament for Victoria, my neighbour, for delivering a clear and concise address to yet again, as he pointed out, another omnibus budget bill that combines many pieces of legislation into one. Unfortunately, that means something as egregious as the Foreign Account Tax Compliance Act, known as FATCA, as well as changes to the trademark regime, which will hurt Canadian business, as well as changes to the Hazardous Products Act and the WHMIS system are all wrapped up into one piece of legislation.

Does hon. friend from Victoria not agree with me that it is entirely likely that once again the House is passing legislation that will find its way to the Supreme Court of Canada, where FATCA will be ruled to violate Canadian charter rights?

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I would like to salute and thank my neighbour and friend from Saanich—Gulf Islands for her intervention and her wisdom in pointing out the FATCA provisions in the bill. We already know those provisions will go to the Supreme Court of Canada. We already know the Conservatives have received legal advice and are moving in that direction. It was Peter Hogg who the government relied on for its ill-fated attempt in yet another omnibus budget bill to deal with Mr. Justice Nadon and that debacle. He was its expert, he prepared a written legal opinion to the effect that it was unconstitutional, so it will go to the Supreme Court of Canada.

We made many amendments that are before us tonight which we will ask the government to vote on. They would clarify that it need not occur. They would clarify that FATCA would not override other sections, such as the human rights legislation or, indeed, the Charter of Rights and Freedoms. At committee stage, those were voted down. They will be before us again at report stage.

There is no doubt that this is headed to the courts for yet another useless waste of taxpayer money as the Supreme Court will tell us once again that the government initiative is ill-considered.

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

Mr. Speaker, it is amazing that the same legal expert who the government relies on and lauds, Mr. Hogg, is the same expert who has warned it about this tax treaty that is buried within this 360-page omnibus bill. This one bill will affect more than 60 laws in Canada. Maybe later on in my speech, I will read out all the quotes of the Conservative members, including the Prime Minister and a whole bunch of folks who are now in cabinet, who hated this kind of process when Conservatives were in opposition. They said that it was undemocratic. They said that omnibus bills designed this way were unfair. They have taken what the Liberals were doing when they were in government and have put it on steroids. They actually ram even more into their omnibus legislation than the Liberals did, who were abusing the process.

To the specific piece of this one bill that my friend raises around FATCA, witnesses at committee reported that up to one million Canadians might be exposed to this agreement. What it would do very explicitly, with no notice whatsoever, is affect people suspected of having some sort of relation or experience with the U.S. Maybe they were U.S. citizens at one point or maybe children were born in Canada to U.S. parents. The definition of a who a U.S. person is will not be made by the Canadian government; it will be made by Washington. Rest his soul, Mr. Flaherty spoke up against FATCA and this process, worried about the very thing that I am addressing now, which the Conservatives are choosing to heckle me on. He was worried that accidental Americans, which is what Mr. Flaherty said, would get swept up into this process.

People's private banking information will be collected by their banks, passed on to the CRA, and then on to the IRS without being notified at all. Personal banking information, as we know, can reveal a lot.

Could my friend speak to the effort we are making as New Democrats right now to simply pull this piece of the bill out so we can understand what its implications are before the Conservatives impose this on up to a million Canadians?

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, my friend is absolutely right. Mr. Flaherty spoke up compassionately against these accidental Americans who would be caught in what I call the FATCA web. There are a million of them and the government is standing by and waiting for an inevitable lawsuit because it did not stand up for our sovereignty when this was before us initially. It is shocking.

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

Mr. Speaker, I rise tonight to speak to Bill C-31, yet another omnibus budget bill.

The bill has many provisions which are non-controversial and would not excite concerns from myself or very many members of Parliament. There are technical changes to the tax code that are certainly acceptable.

However, we are now being told that the process, once again, of including things in omnibus bills is a tradition. There is a spring omnibus budget bill and a fall omnibus budget bill, which means that since 2012, each federal budget has had approximately 800 pages of ancillary legislation, described as an omnibus budget bill, but which in point of fact often has provisions that have absolutely nothing to do with the budgetary process.

Again, I know it is popular on some sides of the House to say that what is happening now is just like what the Liberals used to do. The longest Liberal omnibus bill, which was the one that was brought in 2005 under Paul Martin's administration, was about 100 pages.

By 2009, we were seeing 800-page omnibus bills from the Conservative minority. Another one in 2010 was closer to 900 pages. Now they are split between spring and fall and the combined legislative package is over 800 pages.

It is certainly anti-democratic. It certainly defies the meaning of a proper omnibus bill, which is many different parts of the bill, all meeting the same purpose, serving the same theme and delivering a policy instrument through the changes in numerous pieces of legislation.

I also appeared before the finance committee to speak to the bill. Under the new rules developed by the Conservatives ensure that at report stage members of Parliament in my position are no longer allowed to submit substantive amendments. They have actually changed the legislative process. For the first time in the history of our country, a majority party has found it so inconvenient to allow smaller parties to put forward views at report stage and has changed the legislative process to deny me my rights.

I have a simple amendment at this point. It is deletions. However, let me speak to Bill C-31 in terms of the pieces that disturb me the most.

Report stage should not go by without it being noted that the Canadian Bar Association, among others, has identified that the trademark changes in the bill will hurt Canadian business. This is found in part 6, division 25. These are completely new changes. As far as anyone can find, the most knowledgeable experts in trademark law were not consulted.

The changes will, on the advice of expert witnesses before the committee, hurt Canadian business. In their view, the change has probably been driven by the internal inefficiency of the trademarks office. It does not meet a public policy purpose. In fact, after some time, we will have to go back to try to fix the mistakes that are being made by ramming through changes in trademark legislation.

We also have changes in hazardous products and materials. Most of those are non-controversial, but they were pushed through and the committee did not even have a chance to hear witnesses on those sections.

The Conservatives were in such a rush that when I brought forward amendments to this, even the experts from the department dealing with that policy area were unable to answer questions. It was because there had been no study and no witnesses. When we got to clause by clause, suggestions for changes to the hazardous products aspect of the bill left members of the committee, as well as technical experts from departments, unable to answer simple questions.

When things are rushed through in an omnibus bill, mistakes are made and things are passed without study. In the case of this legislation, everything in here on hazardous products had no study and no witnesses. That needs to be underscored.

The piece my hon. friend from Victoria mentioned is the most controversial. It will certainly be the piece that will cause the greatest grief to this administration. It could cause real grief and hardship for about a million Canadians who may find themselves swept up, not as U.S. citizens, but described as U.S. persons.

I refer again to the Foreign Account Tax Compliance Act. This is unusual in a lot of ways. My friend from Victoria and I are both lawyers. I no longer practise in a way which anyone would notice. I am not a practising lawyer. I am not insured to practise law, but I know my legal principles.

It is certainly remarkable that U.S. legislation has been accepted in Canada as having extraterritorial application. Canada is prepared to say okay. I do not know if this would be allowed if, say, Iran decided to pass legislation to say that anyone with an Iranian connection in Canada had to be treated differently than other Canadians.

In the case of the United States and this piece of legislation, it is based on the implementation of something called the Intergovernmental Agreement, or IGA. Obviously, the United States is our greatest trading partner and closest friend. This is nothing against the United States, but as a matter in principle of law, one nation's laws do not apply extraterritorially to citizens of other countries. In this case, we have agreed, as though it were a treaty, to implement the IGA.

What is fascinating about this is that the United States does not treat it as a treaty at all. It has not been sent to the U.S. Senate for ratification. In other words, the U.S. does not treat it as a treaty. The U.S. treats it as sort of a clarification of previous agreements. However, it contains substantive new obligations for foreign countries, and somehow Canada feels that we are obligated to enforce it.

Not all experts in tax law accept that. There was a particularly useful submission to Finance Canada prepared by Allison Christians, who is the H. Heward Stikeman Chair in Tax Law at McGill University, and Professor Arthur Cockfield of Queen's University. Together they have looked at this and have urged Finance Canada to slow down. They say that the steps we have already taken completely vouchsafe Canadian business and protect Canadian banks. We do not need to push FATCA through, and we certainly should not be pushing it through in an omnibus budget bill.

Their recommendation I think is worth reading into the record this evening:

...we recommend that the government delay passage of the Implementation Act until: (a) the issues surrounding Charter protections, other taxpayer protections, and global cooperative efforts have been thoroughly studied and addressed; and (b) the U.S. government agrees to reciprocal treatment with respect to the tax information reporting system that has been unilaterally imposed on Canada.

We are looking at a piece of legislation that imposes on Canada requirements that the U.S. does not have to reciprocate without a treaty having been ratified in the United States.

What are the implications for Canadians? Well, as I just mentioned, Professors Christians and Cockfield talked about charter implications. My office some time ago filed an access to information request. That is how Professor Peter Hogg's constitutional advice to Finance Canada became public.

Professor Hogg's letter, dated December 12, 2012, was advice to Finance Canada that what he saw in FATCA definitely violated the Charter of Rights and Freedoms, specifically section 15 of the charter, which says:

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination...

This is clearly discrimination, and Professor Hogg went on is his letter to point out the following:

There is no mechanism in the Model IGA whereby individuals who are suspected to be U.S. citizens would even know that their personal information was provided to the IRS.

Further on in his letter, he puts it very strongly and clearly:

In my opinion, the procedures mandated by this Model IGA [FATCA] are discriminatory in a way that would not withstand Charter scrutiny. These procedures effectively treat individuals differently, and adversely, based on immutable personal characteristics, specifically citizenship (whether or not acknowledged or desired by the individual) or place of birth. If Parliament were to enact legislation authorizing and permitting this type of differential and adverse treatment, the legislation would contravene the equality protections in section 15 of the Charter.

That is not a tentative conclusion. It is an authoritative conclusion from the most respected constitutional law expert in the land. He wrote the book on constitutional law that I studied when I was in law school. He taught constitutional law to our dear late friend, Jim Flaherty. Jim claimed that he gave him an A, but we cannot verify that.

However, we know that this piece of legislation, I say without qualification, clearly is unconstitutional, and it brings shame to this place to knowingly pass an unconstitutional act.

[Raymond Côté, NDP, Beauport—Limoilou, QC]

Mr. Speaker, I have to admit that the speech by the member for Saanich—Gulf Islands has left me scratching my head. I do not know why, but at the beginning she seemed to be trying to absolve Liberal governments or indicating that, when they were in power, introducing omnibus bills was less serious than it is today.

We should not ignore the fact that the Conservative government is going much further compared to what we have seen in the past. It is a complete abuse of our institutions. The government is doing away with our right to defend the opinions of our constituents. It is holding that right hostage.

However, I would like to understand what motivated the member for Saanich—Gulf Islands to downplay the Liberals' actions when they were in power.

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

Mr. Speaker, I thank my colleague.

My motivation is that I like the truth. I think it is important that we tell the truth in this place. It is not true that former Liberal governments have the same record as the Conservatives when it comes to introducing omnibus bills.

When Mr. Martin was prime minister, he introduced a 100-page omnibus bill. It was the biggest in Canada's history. I believe that the current government's abusive practice truly threatens real democracy.

I believe that it is important to tell the truth. In recent years under this Conservative government, we have had bigger and more egregious omnibus bills, which are unparalleled in Canada's history.

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

Mr. Speaker, I thank my colleague from Saanich—Gulf Islands for raising the issue of the Charter of Rights and Freedoms, because we in the Liberal Party are also concerned, based on what we have seen from constitutional experts, that there may be violations of the charter.

Let me get to my question, which deals with FATCA. As we know, under FATCA, Canadian banks must report to the IRS the accounts held by clients who happen to have U.S. citizenship. In Canada there are about a million of them. Otherwise they face the prospect of a 30% withholding tax on their U.S. income.

The government seems to have been very motivated to protect the banks from this. It has come up with some alternate arrangements and changes. As it turns out, the banks would report to the CRA, which would then report to the IRS.

However, there does not seem to be the same concern for the citizens themselves. In fact, it seems that the government has folded its tent here, and it seems quite happy to do the work of the IRS insofar as citizens are concerned.

I would like to hear more from my hon. colleague on why she thinks the banks would be protected but not Canadian citizens with dual nationality.

[The Deputy Speaker, Joe Comartin]

The hon. member for Saanich—Gulf Islands, you have one minute.

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

Mr. Speaker, I will try to use less than that in case there are other questions.

I think what has happened here is that there have been threats made by the U.S. administration to sanction Canadian banks. The expert legal advice we have is that the best approach would be to push back on that internationally and to say that there is no right on the part of the U.S. government to penalize banks operating within the United States on the basis of this treaty, which the U.S. has not even ratified itself.