Economic Action Plan 2013 Act No. 2

A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 implements certain income tax measures proposed in the March 21, 2013 budget. Most notably, it
(a) increases the lifetime capital gains exemption to $800,000 and indexes the new limit to inflation;
(b) streamlines the process for pension plan administrators to refund a contribution made to a Registered Pension Plan as a result of a reasonable error;
(c) extends the reassessment period for reportable tax avoidance transactions and tax shelters when information returns are not filed properly and on time;
(d) phases out the federal Labour-Sponsored Venture Capital Corporations tax credit;
(e) ensures that derivative transactions cannot be used to convert fully taxable ordinary income into capital gains taxed at a lower rate;
(f) ensures that the tax consequences of disposing of a property cannot be avoided by entering into transactions that are economically equivalent to a disposition of the property;
(g) ensures that the tax attributes of trusts cannot be inappropriately transferred among arm’s length persons;
(h) responds to the Sommerer decision to restore the intended tax treatment with respect to non-resident trusts;
(i) expands eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of biogas production equipment and equipment used to treat gases from waste;
(j) imposes a penalty in instances where information on tax preparers and billing arrangements is missing, incomplete or inaccurate on Scientific Research and Experimental Development tax incentive program claim forms;
(k) phases out the accelerated capital cost allowance for capital assets used in new mines and certain mine expansions, and reduces the deduction rate for pre-production mine development expenses;
(l) adjusts the five-year phase-out of the additional deduction for credit unions;
(m) eliminates unintended tax benefits in respect of two types of leveraged life insurance arrangements;
(n) clarifies the restricted farm loss rules and increases the restricted farm loss deduction limit;
(o) enhances corporate anti-loss trading rules to address planning that avoids those rules;
(p) extends, in certain circumstances, the reassessment period for taxpayers who have failed to correctly report income from a specified foreign property on their annual income tax return;
(q) extends the application of Canada’s thin capitalization rules to Canadian resident trusts and non-resident entities; and
(r) introduces new administrative monetary penalties and criminal offences to deter the use, possession, sale and development of electronic suppression of sales software that is designed to falsify records for the purpose of tax evasion.
Part 1 also implements other selected income tax measures. Most notably, it
(a) implements measures announced on July 25, 2012, including measures that
(i) relate to the taxation of specified investment flow-through entities, real estate investment trusts and publicly-traded corporations, and
(ii) respond to the Lewin decision;
(b) implements measures announced on December 21, 2012, including measures that relate to
(i) the computation of adjusted taxable income for the purposes of the alternative minimum tax,
(ii) the prohibited investment and advantage rules for registered plans, and
(iii) the corporate reorganization rules; and
(c) clarifies that information may be provided to the Department of Employment and Social Development for a program for temporary foreign workers.
Part 2 implements certain goods and services tax and harmonized sales tax (GST/HST) measures proposed in the March 21, 2013 budget by
(a) introducing new administrative monetary penalties and criminal offences to deter the use, possession, sale and development of electronic suppression of sales software that is designed to falsify records for the purpose of tax evasion; and
(b) clarifying that the GST/HST provision, exempting supplies by a public sector body (PSB) of a property or a service if all or substantially all of the supplies of the property or service by the PSB are made for free, does not apply to supplies of paid parking.
Part 3 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 3 amends the Employment Insurance Act to extend and expand a temporary measure to refund a portion of employer premiums for small businesses. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including setting the 2015 and 2016 rates and requiring that the rate be set on a seven-year break-even basis by the Canada Employment Insurance Commission beginning with the 2017 rate. The Division repeals the Canada Employment Insurance Financing Board Act and related provisions of other Acts. Lastly, it makes technical amendments to the Employment Insurance (Fishing) Regulations.
Division 2 of Part 3 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to remove the prohibition against federal and provincial Crown agents and federal and provincial government employees being directors of a federally regulated financial institution. It also amends the Office of the Superintendent of Financial Institutions Act and the Financial Consumer Agency of Canada Act to remove the obligation of certain persons to give the Minister of Finance notice of their intent to borrow money from a federally regulated financial institution or from a corporation that has deposit insurance under the Canada Deposit Insurance Corporation Act.
Division 3 of Part 3 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to clarify the rules for certain indirect acquisitions of foreign financial institutions.
Division 4 of Part 3 amends the Criminal Code to update the definition “passport” in subsection 57(5) and also amends the Department of Foreign Affairs, Trade and Development Act to update the reference to the Minister in paragraph 11(1)(a).
Division 5 of Part 3 amends the Canada Labour Code to amend the definition of “danger” in subsection 122(1), to modify the refusal to work process, to remove all references to health and safety officers and to confer on the Minister of Labour their powers, duties and functions. It also makes consequential amendments to the National Energy Board Act, the Hazardous Materials Information Review Act and the Non-smokers’ Health Act.
Division 6 of Part 3 amends the Department of Human Resources and Skills Development Act to change the name of the Department to the Department of Employment and Social Development and to reflect that name change in the title of that Act and of its responsible Minister. In addition, the Division amends Part 6 of that Act to extend that Minister’s powers with respect to certain Acts, programs and activities and to allow the Minister of Labour to administer or enforce electronically the Canada Labour Code. The Division also adds the title of a Minister to the Salaries Act. Finally, it makes consequential amendments to several other Acts to reflect the name change.
Division 7 of Part 3 authorizes Her Majesty in right of Canada to hold, dispose of or otherwise deal with the Dominion Coal Blocks in any manner.
Division 8 of Part 3 authorizes the amalgamation of four Crown corporations that own or operate international bridges and gives the resulting amalgamated corporation certain powers. It also makes consequential amendments and repeals certain Acts.
Division 9 of Part 3 amends the Financial Administration Act to provide that agent corporations designated by the Minister of Finance may, subject to any terms and conditions of the designation, pledge any securities or cash that they hold, or give deposits, as security for the payment or performance of obligations arising out of derivatives that they enter into or guarantee for the management of financial risks.
Division 10 of Part 3 amends the National Research Council Act to reduce the number of members of the National Research Council of Canada and to create the position of Chairperson of the Council.
Division 11 of Part 3 amends the Veterans Review and Appeal Board Act to reduce the permanent number of members of the Veterans Review and Appeal Board.
Division 12 of Part 3 amends the Canada Pension Plan Investment Board Act to allow for the appointment of up to three directors who are not residents of Canada.
Division 13 of Part 3 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to extend to the whole Act the protection for communications that are subject to solicitor-client privilege and to provide that information disclosed by the Financial Transactions and Reports Analysis Centre of Canada under subsection 65(1) of that Act may be used by a law enforcement agency referred to in that subsection only as evidence of a contravention of Part 1 of that Act.
Division 14 of Part 3 enacts the Mackenzie Gas Project Impacts Fund Act, which establishes the Mackenzie Gas Project Impacts Fund. The Division also repeals the Mackenzie Gas Project Impacts Act.
Division 15 of Part 3 amends the Conflict of Interest Act to allow the Governor in Council to designate a person or class of persons as public office holders and to designate a person who is a public office holder or a class of persons who are public office holders as reporting public office holders, for the purposes of that Act.
Division 16 of Part 3 amends the Immigration and Refugee Protection Act to establish a new regime that provides that a foreign national who wishes to apply for permanent residence as a member of a certain economic class may do so only if they have submitted an expression of interest to the Minister and have subsequently been issued an invitation to apply.
Division 17 of Part 3 modernizes the collective bargaining and recourse systems provided by the Public Service Labour Relations Act regime. It amends the dispute resolution process for collective bargaining by removing the choice of dispute resolution method and substituting conciliation, which involves the possibility of the use of a strike as the method by which the parties may resolve impasses. In those cases where 80% or more of the positions in a bargaining unit are considered necessary for providing an essential service, the dispute resolution mechanism is to be arbitration. The collective bargaining process is further streamlined through amendments to the provision dealing with essential services. The employer has the exclusive right to determine that a service is essential and the numbers of positions that will be required to provide that service. Bargaining agents are to be consulted as part of the essential services process. The collective bargaining process is also amended by extending the timeframe within which a notice to bargain collectively may be given before the expiry of a collective agreement or arbitral award.
In addition, the Division amends the factors that arbitration boards and public interest commissions must take into account when making awards or reports, respectively. It also amends the processes for the making of those awards and reports and removes the compensation analysis and research function from the mandate of the Public Service Labour Relations Board.
The Division streamlines the recourse process set out for grievances and complaints in Part 2 of the Public Service Labour Relations Act and for staffing complaints under the Public Service Employment Act.
The Division also establishes a single forum for employees to challenge decisions relating to discrimination in the public service. Grievances and complaints are to be heard by the Public Service Labour Relations Board under the grievance process set out in the Public Service Labour Relations Act. The process for the review of those grievances or complaints is to be the same as the one that currently exists under the Canadian Human Rights Act. However, grievances and complaints related specifically to staffing complaints are to be heard by the Public Service Staffing Tribunal. Grievances relating to discrimination are required to be submitted within one year or any longer period that the Public Service Labour Relations Board considers appropriate, to reflect what currently exists under the Canadian Human Rights Act.
Furthermore, the Division amends the grievance recourse process in several ways. With the sole exception of grievances relating to issues of discrimination, employees included in a bargaining unit may only present or refer an individual grievance to adjudication if they have the approval of and are represented by their bargaining agent. Also, the process as it relates to policy grievances is streamlined, including by defining more clearly an adjudicator’s remedial power when dealing with a policy grievance.
In addition, the Division provides for a clearer apportionment of the expenses of adjudication relating to the interpretation of a collective agreement. They are to be borne in equal parts by the employer and the bargaining agent. If a grievance relates to a deputy head’s direct authority, such as with respect to discipline, termination of employment or demotion, the expenses are to be borne in equal parts by the deputy head and the bargaining agent. The expenses of adjudication for employees who are not represented by a bargaining agent are to be borne by the Public Service Labour Relations Board.
Finally, the Division amends the recourse process for staffing complaints under the Public Service Employment Act by ensuring that the right to complain is triggered only in situations when more than one employee participates in an exercise to select employees that are to be laid off. And, candidates who are found not to meet the qualifications set by a deputy head may only complain with respect to their own assessment.
Division 18 of Part 3 establishes the Public Service Labour Relations and Employment Board to replace the Public Service Labour Relations Board and the Public Service Staffing Tribunal. The new Board will deal with matters that were previously dealt with by those former Boards under the Public Service Labour Relations Act and the Public Service Employment Act, respectively, which will permit proceedings under those Acts to be consolidated.
Division 19 of Part 3 adds declaratory provisions to the Supreme Court Act, respecting the criteria for appointing judges to the Supreme Court of Canada.

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

Dec. 9, 2013 Passed That the Bill be now read a third time and do pass.
Dec. 3, 2013 Passed That Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 471.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 365.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 294.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 288.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 282.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 276.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 272.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 256.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 239.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 204.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 176.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 159.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 131.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 126.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 1.
Dec. 3, 2013 Passed That, in relation to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to 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 stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 29, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 29, 2013 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, because it: ( a) decreases transparency and erodes democratic process by amending 70 different pieces of legislation, many of which are not related to budgetary measures; ( b) dismantles health and safety protections for Canadian workers, affecting their right to refuse unsafe work; ( c) increases the likelihood of strikes by eliminating binding arbitration as an option for public sector workers; and ( d) eliminates the independent Canada Employment Insurance Financing Board, allowing the government to continue playing politics with employment insurance rate setting.”.
Oct. 24, 2013 Passed That, in relation to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, not more than four further sitting days 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 fourth 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 2013 Act No. 2Government Orders

October 28th, 2013 / 12:55 p.m.
See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I listened with interest to the speech by my colleague opposite. I found his phrase “may the niche be with you” rather intriguing. I do not know why, but it reminds me of Star Wars movies and makes me think about the fact that time allocation has been brought to bear on this debate and that this mammoth bill is more than 300 pages long. I do not know why, but I thought of the Phantom Menace.

Then, fast forward to 2015 and a new hope came to mind.

However, out of curiosity, what does “may the niche be with you” mean exactly?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 12:55 p.m.
See context

Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, I would like to thank my colleague for her question.

We have to focus on our priorities. In a world where there are many challenges, we have to focus on certain priorities. First of all we have to identify our priorities. Our government consulted Canadians extensively. I conducted consultations with many ministers who came to my riding. We heard about Canadians' priorities. More and more we see that Canadians want us, their government, to help them find jobs and sources of income. That is why we are seeing success across the country.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 12:55 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I have a very simple question for my colleague.

We know that one-quarter of the measures in this budget affect the public service and conditions for workers. However, the President of the Treasury Board was very clear: he wants to pass the bill first, and then he will share the details.

Does my colleague think that is democratic? The President of the Treasury Board is forcing us to pass his bill before he reveals any details. Does my colleague think that is truly democratic?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1 p.m.
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Conservative

John Weston Conservative West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, I thank my colleague for her question. Every time she speaks in the House, her French is clear enough that even an anglophone can understand. I thank her for that.

Her question has to do with how democratic this process is. We need a bill like the one we are debating today to implement the budget. We will examine many more bills in the House. We will have many opportunities to discuss them. I know. I have a lot of confidence in our democracy.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1 p.m.
See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I am sad to rise today to speak to Bill C-4. My speech will focus primarily on division 19 of part 3, clauses 471 and 472, which have to do with the appointment of judges to the Supreme Court of Canada. It feels strange to say in the same sentence that I will talk about two clauses regarding the appointment of Supreme Court judges and the budget implementation bill. Something does not seem right there.

We opposed the last three budget implementation bills, and we will oppose Bill C-4 because of both its content and the method the government has used. Bill C-4 includes a wide range of complex measures, many of which have nothing to do with the budget. This is what bothers me the most, and I think it deserves to be studied carefully. The bill is so broad and we have so little time to examine it.

I repeat: we are faced with a time allocation motion. Not only has the government decided to group a number of unrelated items that have nothing to do with either the economy or the budget measures, but it is also preventing the members of the House from making their views known and looking at those major considerations properly. I am not the only one saying so.

Columnist Andrew Coyne said that this type of mammoth bill makes a mockery of the confidence convention, shielding bills that would otherwise be defeated in the House. As a result, there is no way of knowing how the lawmakers would vote on those bills. We have no idea at all whether they are for or against each of the pieces of legislation grouped under this bill. All we know is whether they voted for or against the omnibus bill as a whole.

There is no common thread among the various measures, no overarching principle. It is a sort of compulsory buffet. It is alarming to see that the government wants to force Parliament to approve its legislative agenda in one go, including division 19 of part 3, which consists of clauses 471 and 472 dealing with appointing judges to the Supreme Court of Canada.

Canadian Press journalist and lawyer Stéphanie Marin gave a very good factual account of the situation that triggered the addition of clauses 471 and 472 to Bill C-4 in relation to the appointment of judges to the Supreme Court of Canada.

We must fully grasp what is happening. This is not just a technicality, as I thought I heard from the Conservative benches, but rather a real fundamental problem. Clauses 471 and 472 were added after the appointment of Justice Marc Nadon, the most recent appointment to the Supreme Court of Canada.

The day the Prime Minister appointed Marc Nadon to the Supreme Court of Canada, he had the appointment document in his left hand and a legal opinion in his right hand from the Honourable Ian Binnie, a former Supreme Court justice. The government had seen fit to ask him whether someone from the Federal Court of Appeal could be appointed to the Supreme Court of Canada to take one of the three seats allocated to Quebec in order to protect Canada's bijural nature.

I cannot tell you enough how much I respect the highest court in the land, the Supreme Court of Canada. My respect for that institution knows no bounds. That being said, the Conservative government has managed to politicize this institution, which it should not be. Politics should have nothing to do with the Supreme Court so that it can make decisions as the highest court without any interference, without any lingering questions about the people on the bench. That is how it was up until recently.

I mean no disrespect to Justice Marc Nadon, whose career as a lawyer and a judge has been quite remarkable in many respects. Nonetheless, the real question here has to do with the meaning of section 6 of the Supreme Court Act.

Consider this: the government shows up with an appointment and a legal opinion. I could read the tons of comments that have been made on this. Eminent constitutional lawyers who know an awful lot more than I do have written about this.

I encourage anyone who is interested in this issue to read Purposive Interpretation, Quebec, and the Supreme Court Act by Michael Plaxton and Carissima Mathen from the University of Ottawa. You will see that this is not a technical matter. We do not usually see this type of thing in budget implementation legislation.

These are fundamental issues that go to the heart of what our federation is. Ian Binnie told the government that the decision is in order, but many others, like the Government of Quebec, say that this decision does not meet the criteria set out in section 6.

There must be enough doubt in this respect for the federal government, through its Minister of Justice, to think it was a good idea to make what we call a reference to the Supreme Court of Canada.

I must confess that I am very pleased that the government has broken its silence after too many weeks, and decided to move quickly.

Indeed, it is important to understand that Quebec, which has three seats in the Supreme Court of Canada, currently has only two judges sitting on that court, for the simple reason that Justice Marc Nadon, in his wisdom, has opted to sit on the sidelines for now.

The government could easily have avoided all this drama if it had chosen to make 100% sure that it was making a good decision, not in terms of the person selected, but rather with respect to sections 471 and 472 of Bill C-4, which will be amending sections 5 and 6 of the Supreme Court Act—apparently to explain, after the fact, what these sections really mean according to the government of the day.

This is extremely worrying, especially when we consider that it is being done without consultation. I am not making this up. The finance people held a briefing on Bill C-4. When we asked about division 19, specifically sections 471 and 472, they told us that, in their opinion, this would apply retroactively if the bill were passed.

However, the reference to the Supreme Court of Canada is very clear. The questions before the Supreme Court are the following:

1. Can a person who was, at any time, an advocate of at least 10 years standing at the Barreau du Québec be appointed to the Supreme Court of Canada as a member of the Supreme Court from Quebec pursuant to sections 5 and 6 of the Supreme Court Act?

2. Can Parliament enact legislation that requires that a person be or has previously been a barrister or advocate of at least 10 years standing at the bar of a province as a condition of appointment as a judge of the Supreme Court of Canada or enact the annexed declaratory provisions as set out in clauses 471 and 472 of the Bill entitled Economic Action Plan 2013 Act, No. 2?

Thus, two questions have been referred to the Supreme Court, yet this is going to pass here before we even get an answer. It makes no sense.

Last week, I moved a motion and hoped to receive unanimous consent to at least remove those two clauses from Bill C-4, since they have absolutely nothing to do with budget implementation. Unfortunately, my motion was rejected by the members opposite.

We are in a real quagmire, caused entirely by this government and this Prime Minister, who ignores all of the recommendations and suggestions we make, many of them for his own good. He refuses to listen to anything on this.

I have a lot more to say, but unfortunately, given the time allocation motion, we are out of time. In addition, the Standing Committee on Justice and Human Rights will not even have the opportunity to study this issue thoroughly with constitutional experts to respond to this question.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:10 p.m.
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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I would first like to congratulate our hon. colleague on her speech. As usual, she provided us with some very relevant explanations regarding the issue she raised from Bill C-4, that is, the appointment of Supreme Court justices.

She also talked about how this government tends to deny not just reality but also the democratic process. Bringing forward yet another time allocation motion is definitely not meant to encourage a more thorough debate on everything included in Bill C-4, which, I would remind the House, is yet another omnibus bill.

Getting back to the question she raised, I wonder if our colleague could elaborate on the impact that such a regulation will have on the decisions before the court.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:10 p.m.
See context

NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, that is an excellent question because there is a huge impact.

At the Supreme Court of Canada, the bench that is called upon to hear a wide range of major cases should be comprised of nine justices. Take, for example, the reference—the approach taken by the Conservative government—involving the Senate. The question is whether we can modify the composition of the Senate and what type of constitutional amendment it would require.

There are only eight justices on the bench, and one justice from Quebec is missing. We know that, like it or not, the whole constitutional issue and a balanced federation are extremely important elements. Nobody reads sections 5 and 6 for fun. Nobody is denigrating the Federal Court judges, who have tremendous value, and who have a legitimate and rightful place in the Supreme Court in accordance with section 5, although I am not sure that is the case under section 6.

This is a major issue that is not going to be resolved in the coming weeks. It could take as long as a year or more. What a pity. This could have all been avoided.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:10 p.m.
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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, I would like to thank my colleague for her speech. She has incredible legal experience and she is very generously sharing it today.

Let us look at the facts. My colleague's speech was 10 minutes long, but probably could have lasted an hour, and it touched on only two clauses of a bill that amends 70 different laws.

As the citizenship and immigration critic, that makes me angry. Elements of this bill could also be studied by the Standing Committee on Citizenship and Immigration, and we would certainly do well to hear from experts on the various elements of this bill.

What types of experts could talk to us about the clauses she discussed today? How would it be beneficial to hear from people with this type of expertise, and what are the potential consequences of not listening to these experts when studying the bill?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:15 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, there is a huge impact.

We would like to hear from constitutional experts. We have to look at the interpretation of section 6, and I will take the time to read it because people are talking about this issue without necessarily talking about the situation specifically.

According to section 6:

At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province.

It all depends on the interpretation of section 6, and not section 5, which states that any person who has at least ten years standing at the bar of a province may be appointed to the Supreme Court. Section 6 is a little more specific.

As for the impact of whether or not a person has been a judge for a certain period of time, these are valid and important questions that reflect on the credibility of the institution, and not the person appointed.

That being said, we need more than just the cursory study that we will be forced to do at the Standing Committee on Justice and Human Rights as referred by the Standing Committee on Finance. I am sorry, but the finance committee is not our boss. We will probably not be able to amend anything nor even have the time to meet with constitutional experts from Quebec or the rest of Canada who could enlighten us on this matter.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:15 p.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, I am very happy to rise today and speak in this august chamber about Bill C-4, Economic Action Plan 2013 Act No. 2, our second implementation bill from the government. I appreciate very much the opportunity to rise and talk about how important the bill is, not only for my constituents in the great riding of Wetaskiwin but for my province of Alberta and the country as a whole.

Canada is a great nation. It is built by the hard-working families of our communities. They are paving the pathway to prosperity for future generations with their hard work.

Since 2006, which was the year I was first elected, our government has invested in families at unprecedented levels. In fact, I ran for the nomination for this party because of the lack of interest that previous parties and governments seemed to have when it came to treating families fairly, particularly with the tax system. Now more families than ever before are benefiting from the measures that we put in place since 2006.

I will cite some examples. In my riding of Wetaskiwin, Alberta, trades play a large role in generating jobs for our communities. It does not matter whether one lives in or around Blackfalds, Rocky Mountain House, Millet, or any of the places in between: the tradespeople's tools deduction is working to put a little money back into the pockets of these hard-working families, right where it belongs.

This is not all we have done to improve the lot of families right across Canada to help them get ahead and make ends meet. Since 2006, the typical family of four can now realize approximately, on average, $3,200 in tax savings in any given year. Conservatives have done this by cutting the lowest personal tax rate and increasing the tax exemption amount. That means there are fewer Canadians paying taxes than ever before when it comes to personal income tax. Conservatives have reduced the GST, a tax that everyone pays, from 7% to 6% to 5%, and we have introduced numerous tax changes and savings measures to help families keep their hard-earned money.

I will go through a couple of examples, because I know the families in my constituency certainly appreciate this. There is the children's fitness tax credit. My kids play hockey, school sports, baseball, and soccer, and this has been a great opportunity for us to realize some of the savings because families incur a cost for these activities. It is wonderful to see so many kids out there participating in activities, keeping fit and so on.

There is the children's arts tax credit. Again I can speak for my own family, whether it is my boys in guitar lessons or my daughter playing cello or piano. These are the kinds of things that allow us to keep a little extra of our income to make sure we can pay for the lessons and the instruments in our particular case. It does not matter whether it is music or any of the other types of arts, such as dance or whatever the case may be; these are great initiatives.

There is the child tax credit. Before the Conservatives became the governing party, there was not even a tax credit for having kids. Everyone knows the cost of raising children is very high, and just keeping money in the hands of parents, who know how to spend it best, through a child tax credit, is a no-brainer.

There is also the family caregiver tax credit, which allows family members to look after their sick or elderly family members, and the first-time homebuyer tax credit, which reduces the barrier to make it a little easier for young families to get into their first home.

There is the registered disability savings plans, allowing families to save for their loved ones who are going to be struggling for the rest of their lives with the disabilities that they may have.

The volunteer firefighters' tax credit honours those men and women who voluntarily put themselves in harm's way to defend our property and our lives. They spend money out of their own pockets to make sure they are well equipped. The least the government can do is to offer something back through a tax credit to these brave men and women who are our volunteer firefighters. I should note that every fire department in the constituency of Wetaskiwin is a volunteer fire department.

There is the working income tax benefit. Absolutely, if someone is going to work, they should realize a savings as a result. This is going to break down that wall to make it more feasible for people to work. We should not have to have a choice in the tax system on whether it is more lucrative not to work than to work. This is a no-brainer as well.

We also have the textbook tax credit. A number of people in my constituency face the same issues I did when I went to university. I grew up in a rural community; there were no post-secondary institutions near me, so I had to move in order to get a post-secondary education. At no point in time did any previous government ever give me the opportunity to claim textbooks, which are a huge expense. Now we have that textbook tax credit, allowing students and families to keep more of that money and allowing them to invest more resources into their children's education.

On eliminating the marriage penalty for single-income families, I cannot believe that previous governments did not even value a stay-at-home parent. If a family made the choice to have one person stay at home to raise children in their formative years, the person who was not making an income, whoever that happened to be, would get less of a personal exemption amount at tax time. Well, we ended that penalty and treated stay-at-home parents equally in terms of tax. This is a step in the right direction, and someday I hope we can get to a point in this country where we actually see income splitting for families. That is something I will certainly be supporting.

There is also the tax-free savings account. As I go through my riding and talk with people, they say that this investment vehicle has revolutionized the investment and savings industry and allows Canadians more flexibility and freedom. This is an absolutely fantastic tool that I know will help empower people across the country to save for their retirement and plan for their future.

Time and time again, whether it is these measures or any other common sense measure that Canadians ask us to bring forward, at every opportunity when we have had a chance to stand in this place and vote in favour of these measures, it has only been Conservative members of Parliament who have stood up and voted in favour of these budgets. Every other time that I have been here, opposition members over there have been against all of the measures that I just talked about. If Canadians want to know who has their best interests at heart, they have to look no further than here on the Conservative side of the House to make sure that they have the resources they need to raise their families.

Speaking of some of the changes that we need to make in the budget here for those hard-working families who pay their taxes and play by the rules, there are some rules in budget 2013 that I would like to highlight.

Budget 2013 would restore fairness to the tax system by ensuring that everyone pays their fair share of taxes. When everybody pays their fair share of taxes, we all pay less. We are making changes that would improve the integrity of the tax system and close some of the loopholes that currently exist; strengthen compliance and clarification of the language so that there is less confusion, both for the person filing taxes and for those who audit and oversee the tax system; and combat international tax evasion and aggressive tax avoidance.

As I said, closing loopholes and clarifying the tax rules would ensure that all Canadians pay their fair share. This would allow hard-working Canadians to keep more, because they would not be offsetting what other people hide or get away with.

Alberta, like the rest of Canada, was not immune to the effects of the global economic crisis. Yes, Canada is leading the G7 in job creation, and Alberta has a robust economy, but that does not mean all of our communities and all of our residents are thriving. Every once in a while we have to extend a hand to those who need a hand up and make sure that no one gets left behind. That is precisely why our government is investing over $1.25 billion in affordable housing initiatives.

In August, I had the pleasure of announcing on behalf of the Minister of State (Social Development) $600,000 in funding for Shkola Suites in Calmar, Alberta. This is a great initiative. It allows those families an opportunity to be close to a school for their kids and gives them a bit of a break on their housing costs so that they can get back on their feet and get re-established. This is an interim housing measure for those families who just need a little bit of help to get going again, because sometimes life throws a curve ball, and that can happen in Alberta just as much as it can happen anywhere else. Thanks go to Nancy Lang and the folks at the Leduc Foundation, who are doing a great job making sure that nobody gets left behind in those communities.

In order to continue helping Canadian communities and families, the budget would invest nearly $600 million in Alberta and across Canada to address homelessness. Coupled with our affordable housing strategy, I know that the budget would greatly help those people get back on their feet.

Speaking of communities, Alberta and every region of Canada has communities that are facing challenges when it comes to infrastructure. I hear this constantly. I represent a large geographic area of 26 municipalities and counties, and every one of them tells me the same story: they want long-term predictable funding, which is what we did through the gas tax transfer in previous budgets.

Now, going forward with the announcements in budget 2013 and with the implementation coming up in 2014, some $32 billion will be flowing to these communities in stable, predictable funding. When we couple that with $14 billion over the same time frame for major infrastructure and with the P3 partnerships, Canada will be well poised to address the infrastructure problems that it has, which would enable our communities to flourish and thrive going forward.

I want to talk a little about agriculture.

First of all, I want to thank the Prime Minister and the Minister of International Trade for the excellent work they did with the comprehensive economic and trade agreement.

Agriculture is a backbone in my constituency, as are all of the resource sectors that are there. I know that with the changes that will be coming as a result of the budget implementation and these trade agreements, central Alberta will be well poised to thrive well into the future.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:25 p.m.
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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, in his speech, my colleague spoke a lot about tax credits. About ten days ago, I held an information meeting in my riding on tax credits for persons with disabilities. Many people who attended did not know about these credits or that they could apply for them any time of the year.

I would like to know how the member plans on informing people about all the credits announced. Will he count on NDP members to inform the public?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:25 p.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, the member is asking me a question about what the government is going to do with regard to disseminating information. I guess I would have to tell her to stay tuned as the information presents itself.

What I would encourage her to do is vote in favour of the budget so that the information can get out there and the programs can be delivered to those folks, whether they are disabled, people who need investment for skills and jobs training, or people who need employment insurance. Whatever the case might be, if the hon. member wants the program to be delivered to her constituents, the sooner we pass the budget, the sooner these programs will be delivered.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would argue that ultimately the middle class has not fared well under the Conservative government. In fact, I would like to focus some attention on working people who find themselves in a position of being laid off. The government has really failed to step up to the plate and come up with a creative, positive program that is going to enable those unemployed individuals. They might be in their 40s or 50s, and they do not feel that the government is on side with them in allowing them to gain additional skill sets so that they can get back into the workforce at a reasonable wage, something that they might have been receiving prior to being laid off.

The Conservatives had one program, under which they did not negotiate with the provinces. My question to the member is this: to what degree does he feel that the government has negotiated in good faith with provinces to try to create a better working environment so that people can get back into employment?

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:25 p.m.
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Conservative

Blaine Calkins Conservative Wetaskiwin, AB

Mr. Speaker, the Government of Canada does a lot of good things. I think what the member is specifically referring to is the Canada job grant, which was announced in the last budget. While he cites this as a specific example, what he has failed to mention is creating opportunities for apprentices, the various tax incentives that we have for employers, and the hiring tax credit for businesses to make sure that they have some $225 million in their pockets. We have extended that tax credit to make sure that Canadians can get a job or keep their jobs.

We have the lowest unemployment rate among our peer countries. We have had a lower unemployment rate for some years now than our friends south of the border. That is a complete role reversal that our country is not used to.

I am not sure what the hon. member is complaining about. There is more investment going into training and development, and we have created one million net new jobs since the end of the recession. I think he needs to rethink his thoughts.

Economic Action Plan 2013 Act No. 2Government Orders

October 28th, 2013 / 1:30 p.m.
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Calgary Centre-North Alberta

Conservative

Michelle Rempel ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, this summer I had the opportunity to host a round table with my colleague in his riding with several stakeholders from his community, specifically to talk about economic growth opportunities in his community. We heard several different themes emerge.

I wonder if he would like to take this opportunity to talk about how this particular piece of legislation would help address some of the economic growth concerns that he is hearing from his constituents?