Economic Action Plan 2014 Act, No. 2

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

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 implements certain income tax measures proposed in the February 11, 2014 budget. Most notably, it
(a) extends the intergenerational rollover and the lifetime capital gains exemption for dispositions of property used in farming and fishing businesses;
(b) extends the tax deferral provision with respect to breeding animals to bees, and to all types of horses that are over 12 months of age, that are kept for breeding;
(c) permits income contributed to an amateur athlete trust to qualify as earned income for RRSP contribution limit purposes, with an election available to taxpayers for up to a three-year retroactive application;
(d) extends the definition “split income” to include income from a business or property that is paid or allocated to a minor child from a partnership or trust where a person related to the child is engaged in the activities of the partnership or trust to earn that income;
(e) eliminates graduated rate taxation for trusts and certain estates with an exception for cases involving testamentary trusts whose beneficiaries include individuals eligible for the Disability Tax Credit;
(f) eliminates the 60-month exemption from the non-resident trust rules;
(g) allows an individual’s estate to carry back charitable donations made as a result of the individual’s death;
(h) expands eligibility for the accelerated capital cost allowance for clean energy generation and energy conservation equipment to include water-current energy equipment and a broader range of equipment used to gasify eligible waste fuel;
(i) adjusts Canada’s foreign accrual property income rules in order to address offshore insurance swap transactions and ensure that income from the direct or indirect insurance of Canadian risks is taxed appropriately;
(j) better circumscribes the existing “investment business” definition in the foreign accrual property income regime;
(k) addresses back-to-back loan arrangements involving an intermediary; and
(l) extends the existing tax credit for interest paid on student loans to interest paid on a Canada Apprentice Loan.
Part 1 also implements other selected income tax measures. Most notably, it
(a) alleviates the tax cost to Canadian-based banks of using excess liquidity of their foreign affiliates in their Canadian operations;
(b) ensures that certain securities transactions undertaken in the course of a bank’s business of facilitating trades for arm’s length customers are not inappropriately caught by the base erosion rules;
(c) modernizes the life insurance policy exemption test;
(d) amends the foreign affiliate rules to ensure they apply appropriately to structures that include partnerships and makes generally relieving changes to certain of the base erosion rules to ensure they do not apply in unintended circumstances;
(e) amends the rules for determining the residence of international shipping corporations;
(f) provides for the appropriate taxation of taxpayers that invest in Australian trusts;
(g) amends the foreign affiliate dumping rules to ensure the rules apply in appropriate circumstances and, if applicable, provide appropriate results;
(h) excludes from the definition “non-qualifying country” in the foreign affiliate rules those countries or other jurisdictions for which the Convention on Mutual Administrative Assistance in Tax Matters is in force and effect;
(i) avoids unintended tax consequences with respect to the British Overseas Territory of the British Virgin Islands;
(j) simplifies the rules for the Canadian Film or Video Production Tax Credit regime;
(k) amends the trust loss restriction event rules to provide relief for investment trusts that meet specific conditions; and
(l) increases the maximum amount that may be claimed under the Children Fitness Tax Credit and makes the credit refundable starting in 2015.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures by
(a) ensuring that pooled registered pension plans are subject to similar GST/HST treatment as registered pension plans;
(b) implementing real property technical amendments that provide for the consistent treatment of different types of housing and ensure that the special valuation rule for subsidized housing works properly with the GST/HST place of supply rules and in the context of a GST/HST rate change;
(c) clarifying the application of GST/HST public service body rebates in relation to non-profit organizations that operate certain health care facilities; and
(d) relieving the GST/HST on services of refining precious metals supplied to a non-resident person that is not registered for GST/HST purposes.
Part 3 amends the Excise Act, 2001 to provide a refund of the inventory tax, introduced in the February 11, 2014 budget, on cigarettes that are destroyed or re-worked, in line with the refund of the excise duty that exists for tobacco products that are destroyed or re-worked.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Industrial Design Act to make that Act consistent with the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs and to give the Governor in Council the authority to make regulations for carrying it into effect. The amendments include provisions relating to the contents of an application for the registration of a design, requests for priority, and the term of an exclusive right for a design.
It also amends the Patent Act to, among other things, make that Act consistent with the provisions of the Patent Law Treaty. The amendments include reducing the requirements for obtaining a filing date in relation to an application for a patent, requiring that an applicant be notified of a missed due date before an application is deemed to be abandoned, and providing that a patent may not be invalidated for non-compliance with certain requirements relating to the application on the basis of which the patent was granted.
Division 2 of Part 4 amends the Aeronautics Act to authorize the Minister of Transport to make an order, and the Governor in Council to make regulations, that prohibit the development or expansion of or any change to the operation of an aerodrome. It also amends the Act to authorize the Governor in Council to make regulations in respect of consultations by the proponents and operators of aerodromes.
Division 3 of Part 4 enacts the Canadian High Arctic Research Station Act, which establishes a new federal research organization that is to be responsible for advancing knowledge of the Canadian Arctic through scientific investigation and technology, promoting the development and dissemination of knowledge of the other circumpolar regions, strengthening Canada’s leadership on Arctic issues and ensuring a research presence in the Canadian Arctic. It also repeals the Canadian Polar Commission Act and makes consequential amendments to other Acts.
Division 4 of Part 4 amends section 207 of the Criminal Code to permit charitable or religious organizations to carry out, with the use of a computer, certain operations relating to a provincially-licensed lottery scheme.
Division 5 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to adjust the national standard for eligibility for social assistance to provide that no minimum period of residence is to be required for Canadian citizens, for permanent residents, for victims of human trafficking who hold a temporary resident permit or for protected persons.
Division 6 of Part 4 amends the Radiocommunication Act to:
(a) introduce an administrative monetary penalty regime;
(b) explicitly prohibit jammers, subject to exemptions provided by the Minister of Industry;
(c) provide for the enforcement of rules, standards and procedures established for competitive bidding systems for radio authorizations;
(d) modernize wording relating to the powers of inspectors and the requirements to obtain warrants;
(e) authorize inspectors to request information in writing and to seize non-compliant devices; and
(f) authorize the Minister of Industry to share information with domestic and foreign bodies for the purpose of regulating radiocommunication.
Division 7 of Part 4 amends the Revolving Funds Act to correct an error in the heading before section 4 by replacing the reference to the Minister of Foreign Affairs with a reference to the Minister of Citizenship and Immigration. The amendment is deemed to have come into force on July 2, 2013.
Division 8 of Part 4 amends the Royal Canadian Mint Act to eliminate the anticipation of profit by the Royal Canadian Mint with respect to the provision of goods and services to the Government of Canada.
Division 9 of Part 4 amends the Investment Canada Act to require foreign investors to provide notification whenever they acquire a Canadian business through the realization of security on a loan or other financial assistance, unless another Act applies. It also allows public disclosure of certain information related to the national security review process and makes related amendments to another Act.
Division 10 of Part 4 amends the Broadcasting Act to prohibit a person who carries on a broadcasting undertaking from charging a subscriber for providing the subscriber with a paper bill.
Division 11 of Part 4 amends the Telecommunications Act to provide the Canadian Radio-television and Telecommunications Commission (CRTC) with the authority to impose certain conditions concerning the offering and provision of services on providers of telecommunications services that are not telecommunications carriers, to prohibit providers of telecommunications services from charging subscribers for the provision of paper bills, to allow for sharing of information between the CRTC and the Competition Bureau, to provide the CRTC with the authority to impose administrative monetary penalties for violations of the Telecommunications Act, CRTC decisions and regulations, to provide the Minister of Industry with the authority to establish a registration system and update other processes relating to telecommunications apparatus in order to assess conformity with technical requirements, and to update inspection powers for ensuring compliance with that Act.
Division 12 of Part 4 amends the Business Development Bank of Canada Act to clarify the financial and management services that the Business Development Bank of Canada is authorized to provide, including financial services in respect of enterprises operating outside Canada. It also makes some changes to the governance provisions of that Act.
Division 13 of Part 4 amends the Northwest Territories Act — enacted by section 2 of chapter 2 of the Statutes of Canada, 2014 — to provide that, if the election period for the first general election under that Act would overlap with the election period for a federal general election, then the maximum duration of the first Legislative Assembly of the Northwest Territories under that Act may be extended until five years from the date fixed for the return of the writs at the last general election under the former Northwest Territories Act (chapter N-27 of the Revised Statutes of Canada).
Division 14 of Part 4 amends the Employment Insurance Act to allow for the refund of a portion of employer premiums paid by small businesses in 2015 and 2016. An employer is eligible for that refund if its premium is $15,000 or less for the year in question.
It also amends that Act to exclude from reconsideration under section 112 of that Act decisions of the Canada Employment Insurance Commission made under the Employment Insurance Regulations respecting the writing off of penalties owing, amounts payable or interest accrued on any penalties owing or amounts payable.
Division 15 of Part 4 amends the Canada-Chile Free Trade Agreement Implementation Act in order to implement amendments to the dispute resolution mechanism of the Canada-Chile Free Trade Agreement.
Division 16 of Part 4 amends the Canada Marine Act to provide for the power to make regulations with respect to undertakings that are situated in a port. It also authorizes those regulations to incorporate by reference documents, including the laws of a province. Finally, it authorizes port authorities to acquire federal real property or federal immovables and to lease or license any real property or immovable other than federal real property or federal immovables.
Division 17 of Part 4 amends the DNA Identification Act to, among other things,
(a) create new indices in the national DNA data bank that will contain DNA profiles from missing persons, from their relatives and from human remains to assist law enforcement agencies, as well as coroners, medical examiners and persons or organizations with similar duties or functions, to find missing persons and identify human remains;
(b) create a new index that will contain DNA profiles from victims of designated offences to assist law enforcement agencies in identifying persons alleged to have committed designated offences;
(c) create a new index that will contain DNA profiles derived from bodily substances that are voluntarily submitted by individuals to assist in either the investigations of missing persons or designated offences;
(d) establish criteria for adding and retaining DNA profiles in, and removing them from, the new indices, and transferring profiles between indices;
(e) specify which DNA profiles in the existing and new indices will be compared with each other;
(f) specify the purposes for which the Commissioner of the RCMP may communicate the results of comparisons of DNA profiles and the purposes for which that information may be subsequently communicated; and
(g) specify the uses to which the results of comparisons of DNA profiles may be put.
It also makes consequential amendments to the Access to Information Act and the Public Servants Disclosure Protection Act.
Division 18 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to provide that certain foreign entities that are engaged in the money-services business are included in the definition “foreign entity”.
Division 19 of Part 4 amends the Department of Employment and Social Development Act to eliminate the limit on the number of full-time and part-time members of the Social Security Tribunal.
Division 20 of Part 4 amends the Public Health Agency of Canada Act to create a new position of President as deputy head of the Public Health Agency of Canada, thereby separating the responsibilities of the Chief Public Health Officer from those of the deputy head of the Agency.
Division 21 of Part 4 amends the Economic Action Plan 2013 Act, No. 2 in order to provide that certain provisions of Division 8 of Part 3 of that Act apply to any corporation resulting from an amalgamation referred to in that Division, and to provide that certain provisions of the Blue Water Bridge Authority Act continue to apply to the Blue Water Bridge Authority after its continuance.
Division 22 of Part 4 amends several Acts to discontinue supervision of provincial central cooperative credit societies by the Office of the Superintendent of Financial Institutions, to eliminate tools for federal intervention in relation to those centrals and to provincial local cooperative credit societies, and to facilitate the entry of provincial cooperative credit societies into the federal credit union system by simplifying the process for continuation and amalgamation that applies to them.
Division 23 of Part 4 amends the Financial Administration Act to authorize Her Majesty in right of Canada to neither pay nor collect low-value amounts, except amounts owed by Crown corporations to persons other than Her Majesty in right of Canada, amounts payable to Crown corporations by such persons, amounts payable under the Air Travellers Security Charge Act, the Excise Act, 2001, the Excise Tax Act, the Income Tax Act or the Softwood Lumber Products Export Charge Act, 2006, and amounts related to the public debt or to interest on the public debt. It also provides Treasury Board with the authority to make regulations to set a low-value threshold, to specify circumstances for the accumulation of amounts and to exclude amounts, as well as regulations generally respecting the operation of the authority to neither pay nor collect low-value amounts.
Division 24 of Part 4 amends the Immigration and Refugee Protection Act to, among other things,
(a) replace references to an opinion provided by the Department of Employment and Social Development, with respect to an application for a work permit, with references to an “assessment”;
(b) authorize the Minister of Citizenship and Immigration or the Minister of Employment and Social Development to publish on a list the name and address of an employer who, among other things, has been convicted of certain offences; and
(c) authorize the Governor in Council to make regulations
(i) regarding the publication and removal of the names and addresses of employers,
(ii) regarding the power to require documents from any individual or entity for inspection in order to verify compliance with regulatory conditions,
(iii) requiring an employer to provide prescribed information in relation to a foreign national’s authorization to work in Canada for the employer,
(iv) governing fees to be paid for rights and privileges in relation to an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit,
(v) governing fees to be paid in respect of the compliance regime that applies to employers in relation to their employment of certain foreign nationals,
(vi) regarding the collection, retention, use, disclosure and disposal of Social Insurance Numbers, and
(vii) regarding the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province.
Division 25 of Part 4 amends the Judges Act and the Federal Courts Act to implement the Government’s Response to the Report of the Special Advisor on Federal Court Prothonotaries’ Compensation with respect to the salary and benefits of the prothonotaries of the Federal Court.
Division 26 of Part 4 amends the Canadian Payments Act to make changes to the governance structure of the Canadian Payments Association and to add new obligations in respect of accountability, including by
(a) changing the composition of the Board of the Directors of the Association and the procedures for selecting the directors of the Board;
(b) establishing a Member Advisory Council;
(c) expanding the power of the Minister of Finance to issue directives to the Association; and
(d) adding new obligations in respect of the preparation of annual reports and corporate plans.
Division 27 of Part 4 amends the Payment Clearing and Settlement Act to expand and enhance the oversight powers of the Bank of Canada with respect to systems for the clearing and settlement of payment obligations and other financial transactions, so that the Bank is better able to identify risks related to financial market infrastructure and to respond in a timely and proactive manner. It also makes minor consequential amendments to other Acts.
Division 28 of Part 4 enacts the Extractive Sector Transparency Measures Act in order to impose the following obligations on entities that are engaged in the commercial development of oil, gas or minerals for the purpose of implementing Canada’s international commitments in the fight against corruption:
(a) the obligation to report to the responsible Minister certain payments made to payees; and
(b) the obligation to make reported information accessible to the public.
For the purpose of verifying compliance, the Act provides for an inspection regime and gives a power to the responsible Minister to require an entity to provide certain information. Finally, the Act provides for certain offences relating to the obligations under the Act.
Division 29 of Part 4 amends the Jobs and Economic Growth Act to provide that Canadian Nuclear Laboratories Ltd. (CNL) is an agent of Her Majesty in right of Canada, effective as of the date of CNL’s incorporation, and to provide that CNL will cease to be an agent on the day on which Atomic Energy of Canada Limited disposes of CNL’s shares. The Division also amends that Act to provide that the Public Service Superannuation Act will apply for a transitional period of three years to persons who are employees of CNL on that day.
Division 30 of Part 4 repeals a provision of the Economic Action Plan 2013 Act, No. 2 that amended a provision of the Public Service Labour Relations Act. It also amends provisions of the Economic Action Plan 2013 Act, No. 2 that amended the Public Service Employment Act in respect of the staffing complaint process.
It also makes a technical correction to a coordinating amendment in the Economic Action Plan 2013 Act, No. 2.
Division 31 of Part 4 transfers the pensionable service that is to the credit of certain Royal Canadian Mounted Police pension contributors under the Royal Canadian Mounted Police Superannuation Act to the Public Service Superannuation Act and deems those contributors to be Group 1 contributors under the Public Service Superannuation Act. It also amends the Royal Canadian Mounted Police Superannuation Act to repeal provisions relating to members of the Royal Canadian Mounted Police not holding a rank.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-43s:

C-43 (2023) Law Appropriation Act No. 5, 2022-23
C-43 (2017) An Act respecting a payment to be made out of the Consolidated Revenue Fund to support a pan-Canadian artificial intelligence strategy
C-43 (2012) Law Faster Removal of Foreign Criminals Act
C-43 (2010) Royal Canadian Mounted Police Modernization Act
C-43 (2009) Strengthening Canada's Corrections System Act
C-43 (2008) An Act to amend the Customs Act

Votes

Dec. 10, 2014 Passed That the Bill be now read a third time and do pass.
Dec. 10, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to C-43, A Second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) amends dozens of unrelated Acts without adequate parliamentary debate and oversight; ( b) fails to take meaningful action to create jobs and address weak economic growth; ( c) seeks to restrict refugee claimants’ access to social assistance, despite no demonstrated fiscal need or request from provinces for such measures; ( d) introduces patent law changes which could lead to costly litigation against the government; ( e) implements a job credit whose job impacts have not been analyzed by the government itself, and which will deplete a significant sum from the Employment Insurance fund; and ( f) breaks the government’s promises to protect small businesses from merchant fees and to ban banks from charging pay-to-pay fees.”.
Dec. 8, 2014 Passed That Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 8, 2014 Failed That Bill C-43 be amended by deleting Clause 225.
Dec. 8, 2014 Failed That Bill C-43 be amended by deleting Clause 172.
Dec. 4, 2014 Passed That, in relation to Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 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.
Nov. 3, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Nov. 3, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, because it: ( a) amends dozens of unrelated Acts without adequate parliamentary debate and oversight; ( b) fails to address persistent unemployment and sluggish economic growth; ( c) aims to strip refugee claimants of access to social assistance to meet their basic needs; ( d) imposes a poorly designed job credit that will create few, if any, jobs while depleting Employment Insurance Funds; and ( e) breaks the government’s promises to protect small businesses from merchant fees and to ban banks from charging pay-to-pay fees.”.
Oct. 30, 2014 Passed That, in relation to Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, not more than three further sitting days 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 day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 4:50 p.m.

Etobicoke—Lakeshore Ontario

Conservative

Bernard Trottier ConservativeParliamentary Secretary to the Minister of Public Works and Government Services

Mr. Speaker, I find it ironic that for more than a day we have heard the NDP talking about the size of the omnibus budget bill, that it is an overly large bill, but rather than talk about what is in the budget bill that member has been talking about things that are not in it. He talked about the national shipping strategy and Arctic offshore patrol ships. Apparently there is not enough content in the budget bill for those members to criticize so they have to go fishing for other topics to talk about.

It is because of our strong fiscal position that we are able to invest in our armed forces and in military equipment, and invest in the Coast Guard.

If the member wants to talk about that topic, even though it is not specifically addressed in this budget bill, why do we not talk about our fiscal capacity and the fact that it is because of the strong fiscal measures that we have taken that we have the room to invest in our military and get it back on track?

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 4:55 p.m.

NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, a few veterans and a few members of the Canadian Forces live in Dartmouth who would love to have a little chat with my friend opposite about what his government is doing to support the women and men who serve this country through the Canadian Forces. It is despicable in far too many cases.

I talked to a constituent the other day whose brother committed suicide after having served within the armed forces for 23 years. He suffered from post-traumatic stress disorder. The government did not heed his cry for help and he ended up taking his life. That is what happens when, for example, $1 billion is left unspent in the Department of National Defence. Members opposite have to understand what this is about. This is real. This is not funny. These are not games. Real people, real families are being affected, and that is who I am talking about here today in my remarks.

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 4:55 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I would like to begin by thanking the hon. member for Dartmouth—Cole Harbour for sharing his precious speaking time with me. Given that this is a mammoth, monstrous bill, 10 minutes is nowhere near enough time to comment on certain aspects. I want to sincerely thank him for sharing his time so that I can speak to certain aspects of the budget that are of particular interest to the people of Beauport—Limoilou.

Before I begin, I cannot help but pick up on the parliamentary secretary's comments. I would like to ask him where the replacement fighter jets are. Where are the ships that are supposed to maintain the operational capabilities of our armed forces and the coast guard? While we are at it, I could even ask where, at the bottom of the river, the paintbrush for repainting the Quebec Bridge has wound up. I could do as my Conservative colleagues have done and list all of this government's failures, but it would take too long and I would not be able to address the sensitive issues that are of particular concern to the people of Beauport—Limoilou.

We have amply highlighted the omnibus nature of this bill, which is more than 450 pages long and contains more than 400 clauses. It is terrible and completely disrespectful of Canadians. That is not to mention the time allocation motion, which severely limits our debates, in addition to the farce we can expect in the committee hearings. This budget implementation bill is meant to go to the Standing Committee on Finance. However, the Conservatives will continue to show contempt toward all Canadians in studying the bill by making it impossible to amend various parts, including, no doubt, at the Standing Committee on Industry, Science and Technology, of which I am very proud to be a member.

Let us move on from the Conservatives' shameful behaviour and focus instead on the part in division 16 of the bill on the amendments to the Canada Marine Act. Hon. members are aware of the issue affecting the people of my riding, Beauport—Limoilou, namely the high level of contamination by a mix of dust, including nickel dust, from the Port of Québec, due to the operations of the Quebec Stevedoring company.

Obviously, like everyone else, I took up reading this immense bill under unspeakable conditions. After looking at the summary, I decided to focus on this division. There are a number of changes that open the door quite wide. It makes us wonder about the government's intentions and deeper motives. When it changes aspects and sections of our statutes, it does not just make minor changes, without intending to have these sections apply more broadly. Once the door is open it is impossible to close it again without a very strong will. I will raise a number of questions related to that.

I will start with clause 228:

228. Section 46 of the Canada Marine Act is amended by adding the following after subsection (2.1):

(2.11) A port authority may acquire federal real property or federal immovables, if supplementary letters patent have been issued.

That property will become “real property or immovables other than federal real property or federal immovables”.

That will already have serious consequences. Hon. members likely know that a Canadian port authority cannot transfer, dispose of, or borrow against federal real property or federal immovables.

Clearly, once the door is open we can imagine what will happen. Furthermore, the government is taking a piecemeal approach because, depending on the port authority, it will issue letters patent tailored to certain circumstances on a case-by-case basis. It is our understanding that these amendments were intended to resolve a particular case in one part of Canada, or that they represented a concession in that particular case. Nevertheless, this could have many negative, even dangerous, repercussions for the people living near a port or a major Canadian port authority.

I would like to mention that all major Canadian cities have a port authority. Thus, very large populations could be affected by these changes. Potentially, these changes could ultimately result in complete or piece-by-piece privatization. We have absolutely no idea where this will stop, so why not?

I will now talk about clause 231 of the same bill. This clause adds quite a number of elements to section 64 of the Canada Marine Act. How this is done is quite surprising. This affects undertakings situated in a port, and the Governor in Council will have the authority to:

...make regulations respecting any undertaking...that is situated or proposed to be situated in a port, including regulations respecting the development, use and environmental protection of the port as it relates to the undertaking or class of undertakings.

When we look at all the details, we realize that once again, the government, in an underhanded and secretive way, can, through regulation, introduce individual rules tailored to the needs or even the whims of businesses working in our major Canadian ports.

Since the contaminated dust issue blew up two years ago—the government is still valiantly trying to keep that out of the spotlight—Quebec Stevedoring has always tried to shirk its responsibility and take advantage of a system that lets the company get away with it. Unfortunately, if I understand the logic of these new provisions, that system might be obligingly provided by a government that received nearly $20,000 in donations from the company's senior executives, including the founding president of Quebec Stevedoring.

It is scary to see the door wide open like that and the red carpet rolled out for a select group of friends, so of course we have legitimate questions. Unfortunately, we are looking at this as part of a huge omnibus bill. We will have no choice but to exercise our right to vote on the bill as a whole. Obviously, we are going to vote against the bill because it contains too many unacceptable measures.

Then government representatives will be able to drone on, squawk and get all offended about how we voted for this or that measure, and they will generally behave in a way not befitting adults. I will not call it childish, because that would be disrespectful to children. As it turns out, children behave better than many adults.

I will end there, because I could go on for another 10 minutes, but I cannot fault my colleague from Dartmouth—Cole Harbour for wanting 10 minutes to stand up for his constituents.

If it ever passes, section 64.93, which is part of clause 231, indicates that:

No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed against Her Majesty in right of Canada or a port authority, in relation to an undertaking that is situated in a port, under regulations made under subsection 64.1(1), based on any right or interest held by Her Majesty or the port authority in that port.

We will have to see what the scope will be, but this clause raises a lot of questions and does not answer the concerns we might have.

In conclusion, what is really disappointing and what we need to strongly condemn is the fact that the government will try send this division to the Standing Committee on Transport, Infrastructure and Communities for review.

Unfortunately, though, we will not be able to examine it in depth or propose any amendments. Nothing will be done right, and the Conservatives will likely take the opportunity to do some nice things for their friends.

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 5:05 p.m.

NDP

Denis Blanchette NDP Louis-Hébert, QC

Mr. Speaker, I thank my colleague from Beauport—Limoilou.

I do not know if the House noticed that my colleague did not mention the budget. He did not. Was he out of order? Not at all. That is what is so ridiculous about these mammoth bills. He kept his comments perfectly relevant to the bill, and he did not even mention the budget.

How is that possible? Everything he talked about deserved to be in a separate bill. Moreover, there are dozens more examples like that.

One thing that worried me in my colleague's speech was the regulatory process that seems to be emerging. The government appears to be creating a framework, but no one knows how it will work. All we know is that it will be through a regulatory process. One day we will find out; we do not know when. Maybe we will find out when there is some kind of abuse.

Could my colleague speak to that?

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 5:05 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my colleague from Louis-Hébert for his question and his comments, which are particularly pertinent. This brings me to something else that I did not have time to address in my speech.

When we talk about the regulatory process, this unfortunately leads to behaviour that can have serious consequences. I would draw my colleague's attention to the fact that under clause 231, subsection 64.4 will be added to the Canada Marine Act. It reads as follows:

64.4 Regulations made under subsection 64.1(1) prevail over any by-laws, practices and procedures or other similar instruments, and land-use plans, made by a port authority....

Mechanisms already exist that could allow a community to take into account or assess the actions of a port authority. However, the government could go about things in an entirely underhanded way, completely in secret, and present the public with a done deal. Canadians would then be hostage to decisions made in backrooms in Ottawa, and it would be very hard to keep an eye on things and, more importantly, gauge the consequences once those decisions take effect.

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 5:05 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member did not really talk about the budget but rather about the content of the budget implementation bill.

There is another way of looking at it. There are many things that could have or should have been incorporated into the budget implementation bill. I will take the specific example of what I believe is one of the most important everyday issues Canadians are genuinely concerned about, which is, of course, our health care system.

In 2014, the health care accord expired. It is something the provinces and the federal government signed off on at the time to guarantee funding for 10 consecutive years. That has expired, yet within the budget document we have before us today, there is not a word about the importance of that ongoing financial support through another health care accord.

The member might want to comment on how important it is to work with provinces to achieve a future health care accord.

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October 30th, 2014 / 5:10 p.m.

NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I thank my hon. colleague from Winnipeg North for the question.

This allows me to point out that while the opposition is doing most of the debating here, we see our Conservative colleagues just sitting there, even though we have a monster bill with over 400 clauses that need to be examined and studied. It is absolutely unbelievable.

Clearly, as my colleague pointed out, the Conservative government imposed a transfer framework on the provinces in a positively shameful way. In fact, it was appalling that the federal government would impose its will on the provincial governments. It is unconscionable.

I would like to remind the member that the initial framework for the health transfers, which dates back some 50 years, stipulated that the federal government was to pay half the costs. Unfortunately, successive Liberal governments, under Jean Chrétien and Paul Martin, successfully negotiated a much more inequitable cost-sharing scheme, and this put additional pressure on the provinces. It is really appalling.

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 5:10 p.m.

The Acting Speaker Bruce Stanton

Before we carry on with resuming debate, just a notice to hon. members that we have crossed that point in the debate where we are five hours past the first round of speeches on the question. Therefore, from this point onward all of the interventions are limited to a 10-minute speech and 5 minutes for questions and comments.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Public Works.

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 5:10 p.m.

Etobicoke—Lakeshore Ontario

Conservative

Bernard Trottier ConservativeParliamentary Secretary to the Minister of Public Works and Government Services

Mr. Speaker, it is a real pleasure for me to rise to speak to Bill C-43, the budget implementation act, no. 2. This is a budget that we introduced in February. We have been talking about this budget for almost nine months and it is time to get it passed. It is a good idea to get budgets passed in the year they are introduced and then we can think about the next budget in 2015. I know sometimes the opposition would like to extend the debate on this for several more months, but it is time for us to get acting on this, with some very important measures for the fiscal health of the country.

First I want to talk about the benefits of balanced budgets. This is the framework we are working within when we talk about this budget. There are obviously tax measures here, but also spending measures. Combined with the good measures we have taken over the last few years, they brought us us to a point where we are looking at balanced budgets again in 2015. That is very important.

I also want to talk about small businesses because they are so important. Many jobs are created in our country because of small business. Some small businesses become very successful and become larger businesses, but they are engines of growth and for employment. There are some very important measures in the BIA, the budget implementation act, to support small business.

I also want to talk about support for students, and getting young people their first jobs. Youth employment is always a challenge in every country in the world, and Canada has done a better job than most countries when it comes to youth employment, so I want to talk about that.

The last item that has given a real framework within the BIA, no. 2, is the DNA missing persons index. I want to talk about that. We have not spent enough time talking about it in the debate. I noted that some of my colleagues opposite wanted to deviate from the actual content of Bill C-43 and wanted to talk about things that were outside the budget, but I want to focus my comments on the budget.

When it comes to the benefits of balanced budgets, on this side of the House we understand how important it is. We are the only G7 country that has a rock solid AAA credit rating. That is important because it keeps our interest rates low. When we have lower interest rates, it means we pay less in interest costs. It means we have more fiscal capacity to do other things. It frees up taxpayer dollars that are otherwise spent on interest payments. We can spend money on programs instead. The major credit rating agencies, Moody's, Standard & Poor's, and Fitch, all gave us that AAA rating. It is something a lot of other countries, including G7 countries, do not have. We are very proud of that, and it is because we have made sound fiscal decisions in the last few years to give us that AAA credit rating.

The other benefit of that strong credit rating is it gives us an environment where business has confidence to invest and create jobs. It also gives consumers confidence when it comes to buying homes, to buying other real property and making investments that stimulate activity in the economy.

It also strengthens our ability to respond to emergencies. Because we have some fiscal capacity, we can adapt to global shocks.

We can also prepare for an aging population. The reality is we are going to have some challenges in the coming years and because of the wise decisions we have been making since 2006, and especially since we have had a majority government since 2011, we have really wrestled with the issue of balancing the books.

It is also a fairness inequity when it comes to generations. It is a responsibility for us, as parliamentarians and legislators, to not leave our children's generation and our grandchildren with a debt that we accumulate. It is very important that those people who are not old enough to vote today should not be burdened with a debt that our generation creates.

I will just mention a couple of relevant statistics.

In 2014, Canada's net debt to GDP ratio was less than 40%, which is the lowest among G7 countries, by quite far in fact. Germany is the second lowest at only 52.2% and the G7 average is about 87%. That is a measure of our fiscal strength, the fact that our debt compared to the economy's ability to sustain is really an important metric.

Overall since 2010, we have taken many actions on the spending side of things. We have reduced spending since 2010 by over $19 billion a year. Those kinds of things do not happen by accident. Budgets do not balance themselves. This is because of the very strong measures we have taken to control spending in the federal government, and that is what has given us this room and has also given us this balanced budget.

This is unlike the previous Liberal government. The Liberals had a majority government for 13 years and they had all kinds of ability to do things with their budgets, but they chose to drastically reduce transfers to the provinces: the Canada health transfer, the Canada social transfer, all kinds of transfers to the provinces. They also they reduced transfers to individuals.

We are not doing that in our budget. We have not done it in any of our budgets. In fact, we have increased transfers to the provinces to almost $65 billion in 2014-15, which is a 50% increase since 2006.

We are balancing the budget, but unlike the Liberals, we are not doing it on the backs of the provinces. That is a very important thing to state.

The previous debater from the NDP talked about the reductions in the Canada health transfer. That is completely untrue. I will give the example of Ontario, where the Canada health transfer has been increasing by 6% per year, but Ontario has only been increasing its health spending by 2% a year. In other words, it has been using the annual increases in the Canada health transfer, pocketing the 4% difference and using it for other programs.

We have made an adjustment to the funding formula based on input from the Canadian Institute for Health Information, which showed that there would be declines in health care spending in all provinces because of better health management within the provinces and because of technology. There are significant administrative costs going down because of technology, but also because the cost of diagnostic equipment is going down. This is resulting in a different way to transfer money to the provinces for health care.

I am going to talk about small business. I know I do not have that much time, but it is a very important topic.

We reduced the small business tax rate some time ago, from 12% to 11%, so all small businesses have benefited from that.

However, the thing that small businesses talk about more than anything is payroll costs. They talk a lot about utility costs in Ontario, but payroll costs are a big challenge for them. We froze EI premiums, and small businesses were very thankful for that. We then took a step further for smaller businesses that pay less than $15,000 a year. We reduced that by a further 15%, and they are very thankful for that. When this was announced, the CFIB said:

This announcement is fantastic news for Canada’s entrepreneurs and their employees, and as such, can only be a positive for the Canadian economy.

It is interesting. When they get that extra cash, what do small businesses want to do? They want to grow their business. Sometimes that means adding hours. Sometimes it means hiring new people. Sometimes it means investing in new technology to increase productivity. It could also mean training employees. Ultimately, it is up to each small business to decide what it wants to do with those benefits.

This is on top of all of the other things we have done to help small business. The lifetime capital gains exemption is a big deal, and we raised that significantly in the last few years. In this budget, we would increase that to $800,000 for a lifetime. This is very important for small businesses who want to transfer their businesses, typically within their own family, but to other individuals as well. This is the exemption they can have, the reward they have for growing their business.

The other things that we are doing, which are detailed in the budget, include cutting red tape for small business. This is one of the things that is really a drag on small business. The number that has been given, and has been verified, is over 800,000 payroll remittances by 50,000 small and medium-sized businesses will be eliminated. It is a real step up for small business when we can remove that red tape.

Overall, we are significantly reducing their taxes.

I would like to talk about support for students, because there are significant measures.

We have launched the Canada job grant, but the important category of students is the apprentices. There are significant measures there. When we look at the apprenticeship incentive grant, the apprenticeship completion grant and the tradesperson tools deduction, there are all kinds of things that really get people into the trades where they can get those jobs.

If we look at other measures that have been extended in this budget, the youth employment strategy would go up from $300 million to $330 million a year. That is very significant.

In the time I have remaining, I would like to talk about the DNA-based missing persons index, because it is such an important measure. This budget implementation act gives the framework for that, with $8.1 million to create a DNA-based missing persons index. This would be a very valuable tool for investigators, for coroners and for law enforcement agencies to find missing people and to investigate crimes. We have created these indices now, through this BIA, which would give the structure for the DNA profiles, ensuring it is used effectively and has the budget behind it, and the rules for how to use that index. It is a very important measure, and I am proud of our government.

It is a terrific budget, it is the right budget for Canada and I hope all members will support it.

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October 30th, 2014 / 5:20 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I would like to give my colleague credit for a very thoughtful speech. He gave some very specific examples as to why he thought the budget implementation bill was a good one, from his perspective.

There are things that trouble us, and it is not just the process. He will be glad that I will not talk about the omnibus aspect of the bill. It has been well stated and people will understand why we are against it. However, there are a couple of things that trouble us on the revenue side. It came up in question period today. The government has been unable to invest its own appropriations. People should note this because it is very important.

The government goes to Parliament every year to ask for money to appropriate. It has not been able to invest the money that has been appropriated to it. From where I come from, the son of a public servant, that means it has failed to fulfill its mandate. Therefore, I am questioning the validity of the budget, based on the government's performance to invest the moneys that have been appropriated to government. Does he have a comment about that? Does he actually understand and is he concerned about the money?

My colleague from Nova Scotia said it well. We have so many people in desperate need, particularly veterans. By the way, the word “veterans” does not appear in the document, on my read of it anyway. Is he not concerned about that? Where is he in terms of what government's role is to invest the money that is being appropriated? After all, that is what a budget is about. It is about what government wants and needs to do its work.

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 5:20 p.m.

Conservative

Bernard Trottier Conservative Etobicoke—Lakeshore, ON

Mr. Speaker, I am delighted to talk about the business of supply, because that really was what the question was about. We get appropriations. This goes back centuries. That is the way our system works. The crown has to ask Parliament to spend money. The crown then gets that appropriation. Certain things happen. For example, money does not get spent when there is a delay in the approval of a construction project. That means the appropriations get carried over to the next year. However, the crown has to ask once again through the estimates process to appropriate the funds.

That happens across department to department where for various reasons the money does not get spent. It does not mean the government is not doing its job. There are just certain realities when it comes to project based spending in particular, where a gate is not achieved so the money does not get spent. It does not mean there is no intention to spend it. It just has to do with the timing of that spending.

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October 30th, 2014 / 5:25 p.m.

Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I too thought the member made a thoughtful speech.

Usually, when a government is looking at a surplus, there is an allocation among debt, tax reductions and program spending. It is usually set out as some sort of percentage for each. We certainly heard lately how the government intended to reduce taxes through its income splitting concept. However, we have not heard anything about whether the government intends to pay any of the $160 billion to $170 billion that it has borrowed over the last six to eight years toward debt reduction.

We certainly have not heard about any program spending. To pick up on the hon. member's comments about lapsing, the military has effectively had its budget cut by $3 billion or $4 billion, much of which has been lapsing year over year over year. It has taken lapsing almost to an art form.

Would the hon. member comment on whether the government is prepared to commit to percentages between debt reduction, tax cuts and program spending?

Economic Action Plan 2014 Act, No. 2Government Orders

October 30th, 2014 / 5:25 p.m.

Conservative

Bernard Trottier Conservative Etobicoke—Lakeshore, ON

Mr. Speaker, I am not sure if the member is talking about this year's budget or next year's budget, but if he is talking about spending the surplus that would be next year.

We are going through a consultation process. I know the Minister of Finance is consulting with stakeholders across the country. The finance committee is doing those consultations also. I am actually doing some of those consultations with stakeholders in my community and getting their thoughts.

Predicting what next year's budget would look like in terms of a percentage allocation is a bit of a mug's game. However, there will certainly be some mix of debt reduction, debt relief and some new programs.

In this year's budget there is such a long host of new spending programs in all different areas. When we went through the recession of 2008-09, we had to really trim some spending, so the last few budgets have really introduced some new spending in some very important areas. One I will just mention specifically is the infrastructure program. It is very important for Toronto, for Scarborough—Guildwood as well as for Etobicoke—Lakeshore. We are working with communities to make significant investments in infrastructure now.

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October 30th, 2014 / 5:25 p.m.

NDP

Pierre Dionne Labelle NDP Rivière-du-Nord, QC

Mr. Speaker, before us today is Bill C-43, a second act to implement certain provisions of the budget tabled in Parliament on February 11, 2014.

This is yet another mammoth bill. It is 450 pages long and contains 400 clauses that affect more than a dozen laws. Clearly, the opposition is not deluded about the future of this bill. As with the bills before it, the debate on this bill is already subject to a time allocation motion. This is the 80th time the government has used this tactic, and in the end this bill will pass very quickly, just as the others did.

When Bill C-38 was introduced, we moved 500 amendments because the 600-page bill contained dozens of laws. I remember quite well that the government did not accept any of those amendments. We know what is going to happen with the bill before us.

To set the stage, I would like to quote from a National Post editorial about a previous omnibus bill.

Not only does this make a mockery of the confidence convention, shielding bills that would otherwise be defeatable [in the House]...We’ve no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent...a sort of compulsory buffet.

The government was trying to get us to pass its legislative agenda in one fell swoop, and that is the case again today.

Among the measures included in this bill is the proposal to deny social assistance to refugee claimants, an idea that was brought forward by a backbencher on the other side of the House. The bill also includes hiring credits for small businesses.

I could list all of the laws affected by this bill, but I will stop at those two. We cannot look at this bill without looking at the overall context of the Conservative administration.

Is the economy doing better since the Conservatives came to power? Every week, the Parliamentary Secretary to the Minister of Finance throws some figures at us: 1 million jobs here; 400,000 jobs there; 300,000 unemployed workers here; 200,000 unemployed workers there. People no longer know which figures are true and which have been manipulated.

I looked into whether the economy was doing better in my riding and whether families were better off and people were less poor. On October 17, I participated in the Nuit des sans-abri. I do not know whether my colleagues opposite participate in this event. It involves spending one night with the homeless and talking to them about their lives for 24 hours. I have been doing this for 10 years. I spent the night with them again this year, and I did not notice that there were fewer homeless people. On the contrary, there were more.

However, I did notice that the organizations that work with the homeless suffered budget cuts this year, including an organization that focuses on getting homeless youth into the job market and back to school. This organization lost $400,000 in funding from the skills link program, a federal program that is supposed to support social integration.

Just today, the CBC mentioned a report by the Canadian Observatory on Homelessness stating that the $2 billion currently being invested in social and affordable housing in Canada is not enough to meet the needs of the 35,000 people who sleep on the streets every day or the 235,000 who sleep on the streets every year.

According to the think tank, the government needs to invest $1.7 billion more in affordable housing per year to eliminate homelessness in Canada. It would cost each Canadian $0.88 a week to ensure that people are not sleeping in the streets and to make ours a society where a degree of social justice reigns. At the same time, for every $10 invested in social and affordable housing, we save $21 in health care costs because people who end up in the streets eventually end up in hospital with serious health needs. That is a huge cost for society.

When I took part in homelessness awareness night, I did not see fewer homeless people. I saw people who were having a hard time and needed organizations. I also saw organizations that had just had their funding cut. To me, that is just as important an economic indicator as the GDP.

I also want to talk about the number of people who use food banks. In my riding, many people do. Again, is the economy doing well? There are more and more people using food banks. If the economy were doing so well and the mammoth budget implementation bills that keep getting introduced provided something practical for ordinary Canadians, that number would go down.

On the contrary, the number increased by 25% between 2008 and 2013. That means that there are 25% more people in my riding using food banks. Often these people work part time for minimum wage. They are forced to use food banks to feed their children. That is what the economy looks like under the Conservatives, and I would dare say under the Liberals as well.

Currently, every month, 80,000 new people use food banks in Canada. In the measures proposed today and for some time now, I have not seen anything that would improve this economic indicator. Indeed, that is what it is.

I also want to talk about unemployment. Good jobs are rare, and not just since 2009. Since the crisis, we have lost a number of industry jobs, which have been replaced with part-time jobs.

I read the Parliamentary Budget Officer's response regarding employment insurance funding and the recent related measures. I am not sure whether my colleagues across the way read it, but I doubt it, because this document takes a hard look at the employment insurance situation and how the EI-funded hiring credit will cost us jobs. The EI premium freeze cost us jobs, and every job created will cost us $500,000.

I would like to congratulate the Parliamentary Budget Officer. I know that the Conservatives were not very fond of Mr. Page because he pointed out that purchasing the F-35s was foolish. Nor did they like the subsequent report on the sustainability of old age security, which actually is sustainable. They will surely not like this report.

The Prime Minister probably thought it was a good idea to replace the Parliamentary Budget Officer. I believe that he made a good decision when he appointed Mr. Fréchette, who is doing a great job. I encourage all parliamentarians to read this report. It is a fantastic document that shows that the Conservatives are poor public administrators and that they will have to be replaced sooner or later.

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October 30th, 2014 / 5:35 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am going to pick up on the point about terrible management. I think it is highlighted by the small business job credit program. This is something the Conservative government has come up with and has flagged it as a strong, healthy policy for small businesses in Canada.

The government was presented with an alternative that would be more effective. It would generate literally tens of thousands of additional jobs and would be far more cost efficient. It is not just the Liberal Party that is saying this. Other stakeholders are saying this. What I am referring to is the EI premium exemption, whereby employers from all across Canada that hired a new employee would be entitled to a tax break on their EI.

Would the member not agree that the government should be more open to other parties' ideas, and where those ideas make sense, should actually act on them?