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

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I hope that the current government is not taking credit for transfer payments.

If we look only at the transfer payments for health, in last year's budget, the government cut the increase in those transfers from 6% to 3% a year. Yes, the transfers will continue to increase, but only by half as much at a time when we will have to deal with an aging population and a demographic curve that will require us to invest more in health. The government has capped the increase in those transfers.

I talked about only one aspect of Bill C-4, and my colleague from Parkdale—High Park mentioned quite a bit more. I am actually focusing on the elimination of the tax credit, which will have an adverse effect on Quebec in particular, when the Quebec model should be adopted across the country so that everyone can benefit from it. Venture capital and development capital are crucial for Canada's economic development.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I will start by responding directly to the speech of the colleague to whom I asked a question.

I am always repeating the same question because I never get an answer from the government. There is a specific measure set out in Bill C-4 that could result in the loss of 20,000 jobs in Quebec, and the member is telling me about the jobs that will be created in Saskatchewan.

Does he really mean to say that Bill C-4 will create jobs in certain locations and eliminate them in others? In fact, that is exactly what Bill C-4 will do.

The issue of labour-sponsored funds is crucial. This model for economic development has worked well in Quebec. Since labour-sponsored funds were created in 1983, this economic model has strengthened the role of Quebec and Canada in raising venture capital funds in order to develop emerging leading-edge sectors for the country. This has happened not only in Quebec but also in the rest of the country, because other provinces followed suit with other models for labour-sponsored funds.

These funds have not only been useful in raising venture capital levels but also in raising savings levels. Quebec used to be one of the provinces where people saved the least, but now it is among those where people save the most. Speculators and large corporations are not the ones who are investing in the Fonds de solidarité FTQ and the Fondaction. It is small investors, workers. These people decided to put money aside, but they did not choose to invest in major hedge funds or mutual funds made up of mostly stocks and bonds. They were prepared to accept a greater share of the risk.

We know that venture capital that is invested in labour-sponsored funds or private venture capital funds is unsecured. For example, if things go bad, then one becomes a creditor. These funds are provided to a company and the creditor, which is actually a venture capital fund, is at the bottom of the creditor pecking order.

This model has worked well in Quebec, despite what the government says. How do I know? It is obvious. If Quebec were an OECD member country, it would currently rank third in terms of venture capital in relation to GDP—its economic size—behind Israel and the United States. It invests in proportion to its economy. It is nearly three times the Canadian average and four times the Ontario average.

The government's proposal to gradually eliminate the tax credit is something that Ontario did in 2005. Since then, the venture capital rates in Ontario have been steadily decreasing and now represent just 36% of Canada's venture capital. There is a cause-effect relationship here.

Quebec's rate has reached 36%, even though its economy is much smaller than Ontario's. The two have the same proportion even though they have very different economic levels.

How significant are venture capital and labour-sponsored funds in Quebec?

Labour-sponsored funds represent over $10 billion in capital. At the beginning of the debate at second reading, the member for Beauce said that 10% of this capital is invested, but that is not true. He would repeat that to anyone who would listen.

Every year, investments are renewed, which means that 10% is reinvested. Obviously, when the capital is invested in a business that operates well, the funds will eventually withdraw the capital to invest it elsewhere.

However, Quebec law requires labour-sponsored funds to invest at least 60% of their assets in venture capital or development capital every year. I repeat: 60%.

Labour-sponsored funds generally surpass that objective. Right now, 67% of all that capital is invested. We are talking about nearly $7 billion invested in innovation, research and development, and it also goes to help struggling businesses and start-ups, in order to help Quebec develop.

I believe that this model could be adapted to the Canadian model. This is a model that is universally supported.

If our Conservative friends had bothered to listen to the submissions, particularly those made to the Standing Committee on Finance, they would have noted that opposition to this tax credit goes well beyond the two labour-sponsored funds targeted.

Canada's Venture Capital and Private Equity Association opposes abolishing this tax credit because private venture capital works hand in hand with labour-sponsored funds. The Fédération des chambres de commerce du Québec also opposes this measure. The Board of Trade of Metropolitan Montreal, the Regroupement des jeunes chambres de commerce du Québec and the Manufacturiers et exportateurs du Québec all oppose this measure because they know the impact it will have.

The government relied on only two studies to support its position, if we can actually call them studies. The first comes from the School of Public Policy at the University of Calgary and dates back to three or four years ago. The second is an OECD study from 2006.

These studies clearly show that the OECD and the School of Public Policy at the University of Calgary have no understanding whatsoever of the complex role played by the two labour-sponsored funds, particularly in Quebec.

There are examples of development outside Quebec, but the fact remains that this is fundamentally a Quebec phenomenon. The study by the University of Calgary's School of Public Policy states that it is not really venture capital. The amounts are much smaller. The role of these labour-sponsored funds is extremely complex and there are two types: development capital and risk capital. Both are needed in a region such as mine, where there is insufficient venture capital. These funds can serve regions ignored by private capital.

There is another important aspect. I am addressing my remarks in particular to those members who represent rural areas, areas outside a large city or major urban centre.

Obviously, risk capital is more readily and disproportionately available in major cities. Regions such as mine and the Lower St. Lawrence need this capital to develop. For that reason, labour-sponsored funds have specific funds for regions not served by private venture capital or development capital. Thus, labour-sponsored funds play a very crucial role.

I am surprised to see the government acting so nonchalantly and not justifying its position. The government wants to eliminate the tax credit gradually, even though it knows what happened in Ontario. Ontario is no longer a leader in terms of venture capital and development capital.

I asked a government official some questions. How can the government take this position without conducting any studies? Was there an impact study on venture capital? The answer was no. Was there an impact study on savings? The official told me no. The last question I asked is probably the most serious: was a study conducted to compare what these two types of funds offered and what the government has offered?

What the two funds offered the government in exchange for not phasing out this tax credit was to accept the venture capital action plan proposed by the government. The government is taking away the equivalent of $355 million from the tax credit over five years, while allocating $400 million to launch the venture capital action plan. The two funds said they wanted to put a cap on the share offering and reduce the government's tax cost by 30%. In return, they proposed investing $2 billion over 10 years in the venture capital action plan. The government has only $400 million invested. The funds said they would invest five times more than what the government invested. The Minister of Finance refused. He wants to eliminate the tax credit. How does that make any sense? If the government were really serious about wanting to develop venture capital in Canada, it would have accepted and jumped all over the offer made by the two funds, which work hand in hand with all funds and private venture capital funds.

Preserving this particular measure is extremely important. I have made it my own personal cause, as the opposition and government members know very well. Indeed, this issue is critical and crucial to economic development in Quebec—development that this government is jeopardizing. At this time, the funds support 160,000 jobs, and studies have shown that 20,000 of those jobs will disappear if the government goes ahead with this measure.

I implore the government to carefully assess the impact this will have. If it really cares about job creation and economic growth, it will remove those parts of the bill in order to ensure a better future for Quebec and the rest of Canada.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I listened to the speech, but it seemed pretty repetitive to me. Indeed, it was more or less the same speech that I have been hearing from all Conservative members any time they are debating a budget bill.

The member talked about job creation and economic growth. One measure in the bill involves phasing out the tax credit for labour-sponsored funds.

I have already mentioned this in the past, but I would like to ask the member the question once more.

Phasing out this tax credit will have a serious impact on job creation. In fact, 160,000 jobs are currently supported by the private venture capital provided by labour-sponsored funds, which makes Quebec a leader in venture capital. Studies have shown that at least 20,000 of those 160,000 jobs are at risk and could disappear as a result of the measure proposed in this budget.

I would like to know how the member can justify a bill like Bill C-4, which could quickly kill over 20,000 jobs, particularly in Quebec, but also across Canada.

[Jeff Labonté]

This bill seeks authority to be able to potentially change the definition of “danger”. Clearly that will have to be consistent with the amendments proposed for the Canada Labour Code under Bill C-4, but I'm not an expert in that particular set of amendments.

The question of how one exercises that authority is expressed in the bill, which is that it will go through a regulation-making phase or a step, that it would be provided for comment and consultation.

[Jeff Labonté]

You're talking about Bill C-4.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I am thankful for the opportunity to add my comments to this debate.

Today I will focus on ways in which economic action plan 2013 helps strengthen Canada's economy in these uncertain times.

Let me assure the House that our government remains committed to what matters most to Canadians: job creation and economic growth. Indeed, just last week Statistics Canada announced that Canada's economy expanded in the third quarter of 2013. This is the ninth consecutive positive quarter of economic growth and this is just the most recent example that our economy remains on the right track.

What is more, Canada continues to have the best job growth record among all of the G7, with over one million net new jobs created since the depth of the global economic recession.

However, Canada is not immune to the challenges beyond our borders. The global economy remains fragile, especially in the U.S. and Europe, our largest trading partners. That is why our Conservative government is working hard to grow the Canadian economy with positive measures such as tax breaks to help small businesses create more jobs, freezing employment insurance premium increases to allow Canadians to take home more of what they earn, and introducing new tax relief to help our manufacturing sector grow.

Indeed, implementing the job-supporting measures in economic action plan 2013 will help Canada's economy continue to grow. It is these job-supporting measures that I would like to discuss today.

Our Conservative government recognizes the vital role small businesses play in the economy and job creation. That is why we are committed to helping them grow and succeed. We know that we have been growing. We see the results in that Canada is leading the world in job creation with more than one million net new jobs since the recession. However, while the Canadian economy is improving, uncertainty remains.

We heard the concerns of business owners. That is why Bill C-4 would extend and expand the hiring credit for small business. By expanding this credit over 560,000 employers will benefit, helping them hire new workers and grow. This would provide an estimated $225 million in tax relief in 2013.

Bill C-4 would also increase the lifetime capital gains exemption to $800,000 from $750,000. This would increase the rewards of investing in small businesses and make it easier for owners to transfer their family businesses to the next generation. Today's legislation would also index the exemption to inflation for the first time. This would ensure the real value of the lifetime capital gains exemption is not eroded over time. Overall, this measure would provide an estimated $5 million in tax relief in 2013-14, and $15 million in 2014-15.

As Dan Kelly of the Canadian Federation of Independent Business said:

...they've expanded the lifetime capital gains exemption to $800,000. That's really good news, with a promise to index it each year going forward. That will help a lot of entrepreneurs.

There is still more. Bill C-4 would freeze employment insurance premium rates in 2015 and 2016. This tax relief would help support Canada's continued economic recovery and sustained business-led, long-term growth. This would build on our government’s recent announcement to freeze EI premium rates, bringing more stability and predictability to employers and workers. What is more, it would save them $660 million in 2014 alone.

Diane J. Brisebois, president and CEO of the Retail Council of Canada, agrees. She stated, “This freeze on premiums will mean more money for employers to invest in other important areas such as employment, training and infrastructure”.

Furthermore, the employment insurance freeze would enhance Canada's globally competitive business environment. The freeze would help to attract foreign investment into Canada, create jobs for Canadians and foster long-term economic growth.

Dan Kelly, president of the Canadian Federation of Independent Business, stated:

...payroll taxes like EI are particularly challenging for small business, [the] announcement of an EI rate freeze is fantastic news for Canada’s entrepreneurs and their employees.... This move will keep hundreds of millions of dollars in the pockets of employers and employees which can only be a positive for the Canadian economy.

Bill C-4 would also extend tax relief to manufacturers, by expanding the accelerated capital cost allowance to include the equipment used in the production of biogas and equipment used to treat gases from waste.

Unlike the opposition, our government understands that tax relief is important to Canadians and families. In fact, as a result of our government's low-tax plan, in 2013 the average Canadian family now pays $3,400 less in taxes. This includes reducing the GST from 7% to 5%, putting an estimated $1,000 back into the pockets of the average Canadian family; introducing and enhancing the working income tax benefit; introducing the tax-free savings account, the most important personal savings vehicle since RRSPs; and eliminating consumer tariffs on babies' clothes, sporting goods, exercise equipment and more.

Having said that, our government is under no illusion that our work is finished. The global economy remains fragile with the growth in advanced economies slower than expected, and Canada is not immune. That is why Canada's economic action plan actively pursues new trade and investment opportunities, particularly with large, dynamic and fast-growing economies. Indeed, our government recently completed negotiations on a comprehensive economic and trade agreement with the European Union. This agreement alone has the potential to add more than 80,000 new jobs. In fact, John Manley, president and CEO of the Canadian Council of Chief Executives agrees, “the [comprehensive economic and trade agreement] will create jobs, spur investment and promote economic growth.”

Unlike the members of the opposition, we understand that the pursuit of free trade is beneficial for the economy. Our government trade agenda has already made Canada one of the most open and globally engaged economies in the world. Since 2006, we have reached free trade agreements with nine countries and are currently negotiating with many more. Canada has also joined the Trans-Pacific Partnership negotiations, and we are actively pursuing new trade and investment opportunities in large, dynamic and fast-growing economies, such as South Korea, reflecting our belief that freer and more open trade is a key stimulus for global economic recovery.

Our government remains firmly committed to supporting Canadian jobs and fostering long-term prosperity for Canadians and their families. Canada's low-tax approach continues to be a beacon to other nations around the world in a time of global economic uncertainty.

Our efforts have not gone unnoticed. Indeed, KPMG's Competitive Alternatives 2012 report concluded that Canada's total business taxes are more than 40% lower than those in the United States, and confirmed that Canada has the lowest tax burden on business in the G7. Along with growing investment and our support for free and open trade, our government continues to support the low-tax environment that is required to create jobs and economic growth.

Canada is now one of the top five destinations in the world to start a business. Colleen McMorrow of Ernst & Young remarked that:

Canada has emerged as a real leader in fostering an entrepreneurial culture... Canada also offers a supportive tax and regulatory environment for entrepreneurs. All these factors are combining to really promote the growth of entrepreneurs and entrepreneurship from coast to coast [to coast].

She concluded by saying that Canada’s government has been highly supportive of entrepreneurs, providing regulatory and tax regimes that have enabled start-ups and growing companies to flourish.

Clearly, Canada's competitive tax system plays a crucial role in supporting economic growth. These tax reductions would leave more money for job creation, to hire more workers and to invest in new machinery, equipment and other technology that will further strengthen Canada's economic partnerships.

With that in mind, it is shocking that just last week the Leader of the Opposition again confirmed that he would increase taxes on Canadian job creators in a time of global economic uncertainty. Clearly, when it comes to the economy the NDP cannot be trusted. With no economic action plan, the Liberals cannot be taken seriously as well. When it comes to the economy, there is a clear choice. It is our Conservative government that will keep Canada's economy strong.

The House resumed consideration of Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, as reported (without amendment) from the committee, and of the motions in Group No. 1.

[Brenda Baxter]

My understanding is this is with regard to Bill C-5, not Bill C-4.

[Geoff Regan, Liberal, Halifax West, NS]

I'm confused and a bit baffled. Maybe someone can clarify this. You have provisions that would give the Governor in Council the power to redefine “danger” in this bill before us today. Is no one here able to speak to the question of consultation on that question? My understanding is that when Bill C-4 was before the committees in both the House and the Senate, it became clear that there had been no consultations with the employees, the unions, of the employer groups.

The question is, what's the basis for this? Does the government plan to have consultation, since it doesn't appear to have done so thus far?

[Geoff Regan, Liberal, Halifax West, NS]

I guess my concern is that the government could define “danger” and change the definition of “danger” with absolutely no consultation with employers and employees or experts, as I'm told was done in relation to the changes in Bill C-5 to the definition. I don't know if Ms. Baxter can clarify this and talk about the consultations that took place for redefining “danger” in Bill C-4 and tell us what the plan is in relation to Bill C-5.

Really, is the government planning to do consultations on this?

[Anne-Marie Fortin, Counsel, Department of Natural Resources]

When the bill was drafted, there were some issues identified by our colleagues at Labour Canada, the labour program, with regard to the definition as it stood then in the Canada Labour Code. At one point we contemplated importing the definition that existed then. We discussed and negotiated with the provinces, subject to the advice of the boards. I don't know if the labour program at that time furthered its intention to table Bill C-4, and maybe they will want to follow up on my answer, but definitely we knew there was an issue with the definition of “danger” that needed to be addressed, but we were not comfortable in not giving the power to the Governor in Council to address the issue at a later date, once there was further thought into the definition.

[Geoff Regan, Liberal, Halifax West, NS]

Thank you, Mr. Chairman.

Thank you to the witnesses for appearing today.

Clause 45 of the bill before us inserts, among other things, a new section 205.001, which in paragraph 205.001(3)(a) gives regulatory-making powers to the Governor in Council to make regulations, for example, defining “danger”. Amendments proposed, I gather, in the other bill that's related to this, Bill C-4, would amend the definition of “danger” as defined in the Canada Labour Code. In relation to this bill, is it the intention that the definition of “danger” for the purposes of the offshore accords will match the definition as proposed by Bill C-4?

Employment Insurance

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, here is yet another minor amendment by the Conservative government: the Conservatives' Bill C-4 will eliminate the Canada Employment Insurance Financing Board.

The board's main mission was to guarantee that EI contributions were used solely for the purposes of the program. The decision to kill this institution is therefore worrisome, but I admit, not very surprising, coming from the Conservatives.

With the demise of this institution, is the minister telling us that the EI funding surplus will now be administered by his office, with no accountability?

Motions in Amendment

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

Mr. Speaker, I rise to speak today to Bill C-4, the government's latest budget implementation bill.

The bill fails to address the very real challenges faced by the middle class in Canada.

This bill does little to help middle-class families in Canada.

First and foremost, this bill does nothing to create good paying jobs for Canadians. Middle-class Canadians are worried about their finances. They ought to be, because they face record levels of personal debt, amounting to $1.66 for every dollar of annual income. They are struggling to make ends meet when interest rates are low. They are petrified to think of what will happen in the future if interest rates start to rise at some point.

One of the driving forces behind this accumulation of household debt is the direct financial subsidization of adult children who cannot yet make it on their own. These are young people between the ages of 25 to 35 who are living at home and unable to pay rent. In fact, 43% of Canadian families have directly financially subsidized young people who have lived for extended periods of time at home with them because they cannot make ends meet. Young Canadians have been left behind during this so-called economic recovery; they have 225,000 fewer jobs than before the downturn.

Bill C-4 does nothing to help young Canadians find jobs, even though the youth unemployment and underemployment rates are higher than they were before the recession.

Instead of supporting job creation for young Canadians, a number of items in Bill C-4 would put existing jobs at risk. This bill phases out the labour-sponsored venture capital corporation tax credit. These venture funds help small business start-ups grow and create good jobs for Canadians. They are particularly important in Quebec.

All of the chambers of commerce in Quebec are against these changes.

However, it is important to realize that the impacts of these labour-sponsored funds and investments, many of which are based in Quebec, benefit small business across the country, in start-ups, technology companies, biotech, cleantech, and certainly the jobs of tomorrow.

The provinces that have labour-sponsored venture capital funds include B.C., Saskatchewan, Manitoba, New Brunswick, Nova Scotia, and Newfoundland and Labrador. Bill C-4 would cut the tax incentives for those labour-sponsored venture capital funds by half, endangering not only their business model but also the businesses that rely on that venture capital to grow and create jobs.

The government has said that the reason it is doing this is because it is bringing in the VCAP, the venture capital action plan, The problem is that the VCAP is not up and running yet. Therefore, the government is actually destroying one source of venture capital, the labour-sponsored venture capital source, without having a new program that is running. It is creating a vacuum in funding. That funding is extremely important to create innovation, commercialization, and jobs of today and tomorrow for young Canadians, exactly the kind of jobs we ought to be focused on.

Again, this is like the government with its jobs training program that it introduced shortly after the last budget. In fact, it is still not running. It forgot to talk to the provinces. Therefore, there is no jobs training program. It spent millions of dollars on advertising it, but there is no program. This is a government that invests money in self-promotion, but does not get the job done when it comes to putting in place the kinds of measures to create jobs, good training and to close the job skills gap. The government is more interested in promoting activities as opposed to getting the job done.

In terms of the mining sector, Bill C-4 reduces tax incentives for Canadian mining companies, which will severely hurt Canada's competitiveness in an important global industry where Canada is seen as an international leader. Canada's mining sector is an important source of good paying jobs for Canadians. These measures in Bill C-4 would put Canadian jobs, particularly in rural and remote communities, at risk. These are communities that are struggling. Rural Canada is struggling. This is no time to reduce the support for and incentives for investments in mining, particularly at a time when the mining industry faces huge challenges globally.

In terms of employment insurance rates, the Conservatives claim that the proposed changes to EI rates are going to be good for the Canadian economy. Certainly extending the EI hiring credit is an initiative that we do support, but this credit has been in place for three years and young Canadians are still struggling to find good work. Clearly, this measure is not strong enough to kick-start the economy, particularly in terms of opportunities for young Canadians.

However, Bill C-4 also freezes EI rates, which at first glance may seem like a good idea. When EI rates are going up, it may be good for small businesses and good for workers to freeze EI rates. We now know that the EI account will be balanced in 2015 instead of 2016, and ultimately would be able to start falling after that, left to its own devices.

The problem is that the Conservatives had promised to set EI rates at a break-even rate as soon as the EI account is balanced. However, Bill C-4 actually breaks that promise by freezing EI rates until the end of 2016, instead of them being allowed to fall naturally commensurate with the account being in balance.

As a result, Canadians will pay an extra $5.6 billion more than what is required to balance the EI account. That is an extra $5.6 billion over two years that we should be using to keep in the pockets of Canadians and Canadian small businesses in order to create jobs during a time of significant unemployment and underemployment in Canada.

This legislation has a large number of measures that have nothing to do whatsoever with the budget or the fiscal framework. They do not belong in a budget bill. This legislation amends the rules for appointments to the Supreme Court. With Bill C-4, the Conservatives created this farce whereby the finance committee was tasked with making decisions on the selection process for the Supreme Court of Canada. What is next? Are we going to be having members of the justice committee making decisions on government-wide fiscal policy?

Bill C-4 amends the Conflict of Interest Act to allow cabinet to designate one person or class of persons as public office holders or reporting public office officers.

We have even heard from the Prime Minister's former chief of staff, Guy Giorno, who was so concerned about this part of Bill C-4 that he wrote to MPs on the finance committee. This is what Mr. Giorno had to say about the measures in part 3, division 15, of Bill C-4:

Cabinet's power to designate new public office holders and reporting public office holders would be unlimited and far-reaching. The bill would place no restrictions on cabinet's power to designate individuals and classes of individuals as subject to the Act. Virtually anyone could be designated as subject to the Conflict of Interest Act at any point during his or her employment or tenure in office.

The government has not indicated who, if anyone, might be designated if these provisions are passed and come into force. The Budget is silent on this point. In fact, the Budget Plan did not even suggest that the Conflict of Interest Act should be amended.

Mr. Giorno makes some very clear points as to why this may be the wrong direction, but the finance committee is not the best committee to actually deal with this kind of issue or the process around the appointments to the Supreme Court.

The changes to the Labour Code in the bill ought to have been dealt with at another committee. They were broad, sweeping and controversial and ought not be dealt with by the House of Commons finance committee. Again, there are changes to the numbers of members of the veterans review board. The government continues to demonstrate disrespect for Parliament, parliamentarians and the people who elect us. Conservative members and opposition members have a responsibility to defend their right to do their jobs and to study legislation.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I find it somewhat amazing the number of times in which the member has made reference to balancing the budget and the government's desire to balance the budget. In reality, the government inherited a multi-billion dollar surplus from a Liberal government. Prior to the recession even starting, the Conservatives turned that multi-billion dollar surplus into a multi-billion dollar deficit. Now they are trying to convince Canadians that they can actually bring us back to a balanced budget sometime in the future. There is a credibility issue with which the Conservatives will have to deal.

Having said that, my question for the member is this. Why does the government choose to bring in so much legislative change through the back door of budget legislation when in fact it should be separate pieces of legislation?

Bill C-4 is really about that. It is being used as a back door for that sneaky government, through the PMO, to bring in numerous changes to other pieces of legislation.

Why is the Conservative government doing that?