Bill C-4 (Historical)

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

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.

Economic Action Plan 2013 Act No. 2

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I would like to thank my colleague for the question. It is a very interesting one and very relevant to my portfolio as urban affairs critic and my comments about the urban workforce and urban economies. Innovation is a social process. It is a process of sharing knowledge. There is a spatial requirement, or in fact a geography, to the process of innovation. It is a distinctly urban process. What we have coming from the government is nothing that addresses the issue of urban economies. Eighty per cent, maybe 85%, of Canadians live in cities and depend on government to do something for them about urban economies, to make them strong economies and for innovation. The $350 million tax on the labour venture funds will do nothing to enhance innovation in this country.

[Michelle Rempel, Conservative, Minister of State (Western Economic Diversification)]

Mr. Speaker, when we look at the innovation ecosystem across Canada from the start of product development and research, we have increased funding to the research councils for basic research and applied research. We have also had a series of measures, including tax measures, incentives in different fiscal policies to ensure that products can get to market. We also had the venture capital fund, which was announced in this particular budget. Also, through our regional development agencies, we have included targeted funds to see prototypes taken from the bench to market in repayable loans.

Which part of the innovation life cycle does he feel is not funded right now and why has he not voted for all of these measures? I am talking about a specific measure in the innovation life cycle, because all I hear is platitudes and generalities in his comments.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I look to what is happening in our cities and what is actually happening to our economy and I find it so curious that the government keeps referring to its programs, its paperwork and its administration of these matters. I sat on the health committee when we did the study of innovation and health technologies in this country. Time and time again we had innovators coming to our health committee with grievances about the lack of venture capital in the country and the lack of support from the government for an innovation agenda. Those were the witnesses that the government brought to the committee to talk about these issues.

The Conservatives should think about what their programs are doing, stop wasting Canadian taxpayer money and do something about innovation and urban economies in this country.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, if I understand correctly, there is a blatant lack of transparency in Bill C-4. This is yet another mammoth bill for which debate is being limited by a time allocation motion. It is not good for consumers, workers, veterans, the public service or the environment.

That being said, there is one issue that is particularly worrisome to me. I would like to ask my dear colleague, who so ardently defends his constituents, why the Conservative government would move forward with its harmful $350-million tax on labour-sponsored funds. What effect will this have on workers and the economy in general?

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I can only assume that the attack on the labour capital venture fund is because it is associated with labour. That is the only explanation.

The government claims to be a proponent of innovation and science in the country and yet it muzzles scientists. We had a member talking about sour grapes. There are protests on the streets of our country by scientists about being muzzled. We have scientists coming to our health committee talking about a lack of support and capital funding for innovation in our country. Whatever the government thinks it is doing on innovation in this country, it is failing.

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, it is a pleasure to rise today to speak to Bill C-4, the budget implementation act, which of course is part of economic action plan 2013, which is very appropriately entitled jobs, growth and long-term prosperity.

Before I get into the details of my comments and start expanding on where I want to go, I will take this opportunity to once again thank the people of Saint John for giving me the honour and the privilege of serving them in this great House.

The reason I bring up the riding of Saint John, which I am so pleased to represent, is that a lot of my comments tonight will be focused on Saint John, and all my comments will be focused on the region of southern New Brunswick and new Brunswick as a whole. As I speak to the budget implementation act and economic action plan 2013 tonight, I want to talk about some of the things that are on the horizon for Saint John because in Saint John we are really excited about some of the prospects that are out there for the future. A lot of those prospects are centred around resource development and the opportunities that exist for Saint John because of what we have to offer.

It is no accident that Saint John is very well positioned to take advantage of some of these opportunities, and more specifically, I speak tonight about the energy east pipeline project. We are excited about the prospects of the energy east pipeline. Why, members ask? Quite frankly, we are home to Canada's largest oil refinery.

The urban oil refinery is situated right within the heart of my riding. We are home to Irving Canaport, which is a deep water terminal for importing oil, and we will soon hopefully be exporting oil through that same terminal. We are home to Canaport LNG terminal, which is Canada's only liquefied natural gas terminal. That terminal is set up for imports, but at this point in time it is undergoing a review to seek permission to become an export terminal.

These are some of the opportunities we face in Saint John, and it is specifically because of our proximity to deep water, ice-free deep water. It has given us a huge advantage and a huge opportunity with what we are talking about in this country, which is responsible resource development.

We are talking about developing a pipeline from Alberta to Saint John, New Brunswick. It will benefit the entire country. It will benefit Saint John greatly, and we want to be well positioned in Saint John to take advantage of those opportunities as they come. We know that with the potential of these developments, there will be great opportunities when it comes to employment, and there will be other benefits beyond the pipeline when that comes our way. We are holding our breath and hoping daily that it is getting closer.

There is a lot of optimism around that. The premier of the province of New Brunswick is very actively engaged. I was actively engaged. The mayor of the city of Saint John and the officials from the port of Saint John are actively engaged in trying to impress upon officials in TransCanada with respect to the business opportunity that was there for this pipeline to be developed through eastern Canada and to Saint John, New Brunswick.

That is a great opportunity that we see sitting out there. Members are probably wondering where I am going with this. I will get back to that point in a few minutes, because economic action plan 2013 directly speaks to what we are facing in Saint John. It gives us the tools to be equipped to handle some of those opportunities that are coming our way.

There is more than just the development of this pipeline. There is more than just the changes with Canaport LNG. There are shale gas opportunities in New Brunswick. The provincial government is working very hard to ensure that we are in a position to develop those resources. We are looking at the opportunities that are there and the provincial government is doing exploration work at this time to try to determine what sort of deposit lies there. That is another opportunity.

Potash is an opportunity that we have in New Brunswick, and we are home to PotashCorp's marine terminal. That terminal ships potash worldwide, and we have tremendous opportunities there. The company's people are looking at expansion of that marine terminal because of PotashCorp's mine in Sussex. It has put down a new shaft and is looking at taking advantage of the opportunities that are there.

All these opportunities that I talk about have led to discussions within St. John about how we would best become prepared to take advantage of these opportunities. Economic action plan 2013 includes that very specifically, and it lays out some very important things that we need to be prepared for. There are infrastructure investments in economic action plan 2013 that are so necessary when a community is trying to develop itself and trying to move forward. The city of St. John, the port of St. John and the province of New Brunswick all have to take advantage of some of these opportunities. Therefore, we will give them the tools and the opportunities to do so with this budget.

However, it is not only through community infrastructure, when we talk about infrastructure investments. There is equipment and our people for the opportunities that are there. We have the Canada jobs grant, which will certainly turn the page on how we train people in the country and it will give employers and the private sector a voice in determining where those investments should be made. This is so important. We talk about how we move forward. Do members not think it is important that we give the people who will make the investments, drive the economy and drive the prosperity in our country a voice and a chance to say where those investments should be made? They can tell us exactly where the opportunities will be and they can tell us if we need so many tradespeople or so many accountants. They can tell us exactly where we should be spending our job training dollars. This is so important. Not only would they get to give us advice on that, but they would also get to invest in an opportunity.

I had the pleasure of visiting one of the Irving mills in Saint John just recently with the Minister of Employment and Social Development. We have two Irving pulp and paper mills, so we visited Irving paper and we sat down and had a discussion with the officials from the human resources department about their needs. We talked about some of the things they were facing as they went forward and how they only hired people with at least two years of post-secondary education. That surprised me because we tend to look at some of the jobs in some of these organizations as not being highly skilled. These people are very highly skilled and they come in the door with a minimum of two years of post-secondary education and they are trained to do the jobs they need to do. The officials at the company are prepared to make the investment in these people and their futures.

It is so important that we are able to play a role and work with them, because it is more important that the business people who are actually hiring for these jobs, and not government bureaucrats, make the decisions on where these dollars go. Going forward, we should be giving business people a say in what they are doing.

However, we would also make huge investments when it comes to tax breaks. We are investing in the extension of the hiring tax credit and of the accumulating capital costs allowance for investments in new equipment and machinery. This will give the people who are in the business and industrial side of the equation the opportunity to invest dollars at home and to provide those highly-skilled jobs that we are talking about.

This budget, the economic action plan 2013, would give us the opportunity to be prepared for the future. There is a lot of opportunity on the horizon for the people of St. John and the province of New Brunswick and by taking advantage of this program and of what is in this budget, we would be very well equipped to go forward.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I would like to thank my colleague for his speech.

His speech did not cover all aspects of Bill C-4, but that is quite understandable. How could one possibly talk about all of the items contained in a 300-page bill in just 10 minutes?

Today, I moved a motion and I requested the unanimous support of the House to remove sections 290 to 293 from Bill C-4 so that they can be examined by the Standing Committee on Citizenship and Immigration, which in my opinion is the most appropriate place to examine that part of the bill.

Can my colleague tell us why these sections pertaining to the permanent residency system in Canada have to be included in a budget rather than be examined by the Standing Committee on Citizenship and Immigration?

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, the hon. member is quite correct. I did not cover all of the details in Bill C-4. As I said very clearly at the beginning, I was going to focus on some aspects that are very important to my region, to my riding, and I did that very specifically.

I talked about some of the opportunities that are out there. I talked about how important this budget is, what it would give us, how it would give us the tools to go forward, and how it would better prepare the people of Saint John and the people of southern New Brunswick for the opportunities that lie ahead. I am very excited about that. I look forward to the opportunity to engage people on that level and to talk more about it. These are exciting times in Saint John, New Brunswick, and we look forward to continuing to discuss these things.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, my question for the member is with respect to the advertising dollars that the government, over the years, has spent in promoting its so-called action plan, going into the hundreds of millions of dollars.

There is a sense of frustration when we look at the number of summer jobs that are needed for students. I recall seeing commercials last year during hockey tournaments. The equivalent amount of money spent on one 30-second commercial would have employed something like 25 youths in summer employment.

I wonder if the member believes that maybe the government might have gone too far in spending hundreds of millions of dollars just to self-promote its own budget.

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, I understand the hon. member's frustration. There is a lot of frustration over on the opposition benches.

However, to be quite frank, we are excited about the opportunities that we are putting forward. We are excited to tell Canadians about them, and Canadians are excited to hear about those opportunities. We make no apologies for communicating with our constituents. It is important they understand the work that their government is doing. We look forward to continuing to work with Canadians and to telling them about the great things this government is doing.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I would like my colleague to comment on the article by conservative National Post editorialist Andrew Coyne. I will summarize the article about omnibus bills, such as Bill C-4, in just a few words: the bill makes a mockery of the confidence convention and serves to shield bills that would otherwise be defeatable in the House. It is impossible to know how legislators intended to vote. There is no common thread that runs between these different items and no overarching principle that unites them. They represent a sort of compulsory buffet. There is something alarming about the government wanting to oblige Parliament to rubber-stamp its whole legislative agenda at one go.

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, I think it is unfortunate that my hon. colleague across the floor feels he has been forced to do something here in this House, because none of us are forced to do anything. I stand here tonight talking about economic action plan 2013 with great enthusiasm because I see the opportunities that are there for Saint John, and I will wholeheartedly embrace the opportunity to vote in support of it.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, listening to all of these exchanges and debates, we can see that, ultimately, Bill C-4 fails to respond in any way to Canadians' concerns.

Earlier, my colleague pointed out that job security and wage issues were not taken into account in this bill and that no progress has been made on those issues. Meanwhile, it is increasingly clear that families and income earners are becoming more vulnerable. What tangible measures is the government proposing to address those types of problems?

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, to the member's point exactly, that is what my comments were centred around: what the bill has it in that would benefit my region, my community, and my riding. I certainly look forward to embracing those opportunities, and I suggest that the hon. member might want to look at embracing them as well.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, indeed, it is interesting times. We understand and appreciate today, more so than the last number of days, why the Prime Minister was so scared for the House to resume.

Here we have the budget bill and one could easily spend a full 10 minutes just talking about some of the details in the 300 pages. The European Union trade deal was recently signed, another issue which, no doubt, would have generated a great deal of interest. We have what many are saying could be the beginning of the end of the Prime Minister taking place on the other side of this grand building, in the other house. In fact, I am getting a better appreciation for why he prorogued the session and why he felt it was necessary not to sit in September after hearing some of the presentations being made.

When a budget is presented and legislation is introduced, one thing that is really important for us to recognize is the integrity of the government. What is being questioned and called to task is the performance of the Prime Minister's Office. If we look at the whole Nigel Wright affair—