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.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:10 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I am honoured to rise today and speak on Bill C-43.

The title of the bill is rather misleading as it describes a bill to implement the budget and other measures, which is exactly what I want to start with: the process that got us to this place today. This is yet another omnibus budget bill. It is a bill that would actually do much more than what Canadians might think a budget would do.

A budget would be about economic priorities, fiscal matters, and the like. However, yet again, the bill before us is 460 pages in length with 400 clauses and would do so much more than deal with budget measures. It is misleading, in fact, to call it a budget implementation bill when it deals with matters that have nothing in the world to do with budget. Of course, that is the pattern of the Conservatives. This is number five on a long list of budget bills.

I have the honour of representing Victoria, and I sit on the finance committee where, frequently, we deal with matters that have absolutely nothing to do with finance. I have a little trouble back in the riding explaining what I am doing talking about those measures, but that, I guess, is just the way it is. However, I also have difficulty explaining why amendments are proposed and uniformly voted down by the Conservatives, even when those amendments are self-evident improvements to a bill in specific matters.

Having spoken about the failed process, the anti-democratic process that led us to this place, I would like to talk about the substance. I will speak about the things we would support and oppose in the bill, and the things that are glaringly obvious by omission in the bill.

It must be said that there are things that are supportable in the bill. One that comes to mind initially is the NDP's long-standing proposal to deal with the pay-to-pay problem. Seniors in my riding of Victoria constantly complain about paying more for a telecommunications bill if they get it on paper rather than online. They do not have a computer and they do not want to do that. Well, the government, in its typical way, went halfway. The Conservatives went along with the pay-to-pay provisions vis-à-vis broadcasting enterprises and telcos, but I guess the banks had a better lobby, because glaringly obvious in omission is anything to do with bank fees. I guess that is because the banks had a better lobby than telcos, or perhaps there were disputes elsewhere with that sector of the economy. However, at least the Conservatives went halfway, and we give them credit for that half measure.

Second, there were measures to improve the clarity and integrity of the tax code, which is something New Democrats had been proposing for a long time. However, so much more needs to be done about tax evasion, and I will talk about that in just a moment.

There are other issues, such as the implementation of a DNA data code to help solve the crisis in missing aboriginal women and girls. This is a long-standing proposal that the government has now recognized, and we accept that.

Last, there is the backlog on appeals to the Social Security Tribunal. This will be addressed by allowing more members to be appointed, which, again, is something that has been sought by the NDP for many years.

I said that I would talk about what was missing from the bill. There is $7.8 billion a year that is missing, and that could be available to Canadians if the government were serious about the issue of tax havens. It has been a passion of mine to try to get the government to take this seriously.

However, $7.8 billion is an estimate, and it can only be an estimate. Contrary to the Parliamentary Budget Officer's attempts, our attempts, and the Senate's attempts to get the government to actually measure the tax gap, as our friends in the U.K., France, and the United States have been doing for years, the current Conservative government somehow thinks it is a waste of time and cannot be bothered.

If we do not measure something, how can we manage it? Is that not public administration 101? However, the government refuses, and so I can only give an estimate, which can be accused of being high or low, but it is a big number.

Corporate tax avoidance, in particular, is a global epidemic. Even though Canada is proud, and the Conservatives are, of having the lowest corporate tax rate in the G7, we still have corporations that send their money abroad.

An example is tax shifting or transfer pricing. In order to pay even less tax, those companies that have the lowest corporate tax rates in the G7 still have their favourite trick. What is that? They sell a patent to an offshore subsidiary. Then they charge themselves licensing fees for the use of the same patent. That is a good trick.

Other countries have closed that loophole. We do not seem to care.

I have introduced Bill C-621, which would address the economic substance and require that there actually be economic substance before those paper transactions are allowed, costing the Canadian treasury billions of dollars because the government simply does not want to take the time to go after corporate friends on Bay Street.

Bill C-621 would do what Dr. Robert McMechan wrote about in his book Economic Substance and Tax Avoidance: An International Perspective. Dr. McMechan, who really helped in drafting Bill C-621, pointed out in his doctoral thesis at Osgoode Law School, having been a practitioner with the Department of Justice and doing tax litigation for many years, that the government could close this loophole if the courts could get back on track with looking at the economic substance of transactions rather than whether or not they appear to be okay on paper. That is something like going after the general anti-avoidance rules vis-à-vis corporate tax avoidance.

That is what my very short bill, Bill C-621, would do. It would basically put Canada on track, as Dr. McMechan points out, as regards our other allies whose courts seem to have stuck to economic substance. Ours, I am afraid, have gone off the rails.

There is a lot of money we are not going after. A few years ago the Conservatives, faced with 106 Canadians with secret bank accounts totalling over $100 million in Liechtenstein, did nothing. How many have been charged? How many have they gone after? Apparently they have gone after none.

Compare our woeful record of doing little to go after tax evaders with Australia's Project Wickenby or the action going on in the United States, France, and the United Kingdom to go after tax avoiders. Canadians should be ashamed of their government's performance.

Back in September, somebody from inside the department wrote us and said the minister announced that the elimination of a host of senior tax office positions at the local level, including in the international and aggressive tax planning programs. Seventy individuals, with over 1,000 years of cumulative specialized expertise in going after these intricate, complicated corporate transactions, were gone. Fifty people in CRA alone lost their jobs. That is the priority of the Conservatives in going after what could have been an enormous source of revenue. That is missing in this budget.

I have talked about what we like in this budget and what is absolutely missing. In terms of things that ought not to be in a budget but that need to be done is more action on youth unemployment and on homelessness. Homelessness is a crisis in my community of Victoria. I attended a lecture by Dr. Gaetz of York University, who pointed out that homelessness costs the Canadian economy $7 billion per year if we take into account social services, health care, corrections, and interaction with law enforcement. That is an enormous number. If investments were made to deal with that, the return on the investment—language the Conservatives would apparently like—would be enormous. For example, for the hardest to house, for every $10 we invest in Housing First initiatives to address homelessness, $22 would be achieved through offset costs.

There is a crisis in affordable housing. We are not using the income tax system to incent the creation of affordable, low-cost rental housing in communities. We have lots of condos, but we do not have housing for those people who are living hand to mouth in our communities and who are themselves just a few steps away from being homeless.

In conclusion, it is politics 011 that a budget reflects the priorities of a government. The government's priorities do not deal with the crises of unemployment and homelessness, nor fairness and equity, nor does it provide income for Canadians by actually going after money in tax havens in a more aggressive way, as so many of our allies have done.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:20 p.m.

NDP

Denis Blanchette NDP Louis-Hébert, QC

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

He very clearly highlighted what is missing from this budget. Everyone knows that a budget contains revenues and expenditures. This government has made many cuts in order to reduce expenditures.

The hon. member outlined a way to increase revenues and, at the same time, show fairness to those who pay their taxes honestly. He spoke about tax evasion. It is surprising that, on one hand, the government is eliminating the positions of public servants who deal with the tax evasion issue in order to cut down on government expenditures. On the other hand, this government has cut corporate taxes to historic low levels. Tax evasion is a very important issue.

What would an NDP government, with Thomas Mulcair as prime minister, do to restore tax fairness?

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:20 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, I appreciate my colleague's excellent, thoughtful question.

There are a number of things. We would invest in return on investment. That is to say, ROI from expenditures on real people doing the job in the CRA would produce the kinds of enormous returns we have seen in other countries. We think it is good business. We think it would deal with the fairness aspect and the equity my colleague referred to so persuasively in his remarks.

That investment would help on both of those fronts. There would be more income for all of us to build roads, schools, bridges, and so on, and of course, it would deal with the glaring unfairness the current tax code reflects.

We would close tax loopholes, stock options, and those sorts of things. Many of the proposals the Canadians for Tax Fairness brought to this place and to the finance committee would find favour in an NDP government.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:25 p.m.

NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I would like to thank my colleague for his visionary speech. Everyone knows that finance and numbers are his forte. I trust his analysis.

We have to admit, as the hon. member for Louis-Hébert said, this is not complicated: there are economic challenges. I think that nearly all of the western world is facing new challenges. At this very moment, the government continues to cut services and transfers, playing hardball when it comes to spending. That being said, to put it in terms of a family analogy, money is being thrown out the window.

I would like to hear my colleague talk about how much money we are losing to tax evasion.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:25 p.m.

NDP

Murray Rankin NDP Victoria, BC

Mr. Speaker, going after tax havens would appear to be the most fruitful way in which Canadians could recover income to do some of the things on infrastructure spending, homelessness, and issues that were alluded to by my friend, which, of course, we think are priorities of the government.

Integrated work with the OECD is an excellent start, but we need to have people who know what they are doing. As a law professor, I saw some of the best and the brightest drawn to the tax field, because it is complicated, intricate, and rewarding for those who have a brain for that sort of thing.

The best and the brightest are there every day on Bay Street figuring out just how to take advantage of this complicated tax code that gets bigger and bigger every year. We need people who can fight fire with fire. We need that kind of expertise to be hired. We need to bring people on in a number of ways to do the job. They are not there anymore, because the senior people, by the CRA's own admission, are no longer in place.

How can we fight fire with fire if we do not have the people there to do the job?

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:25 p.m.

Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I am pleased to rise today in support of our government's economic action plan for 2014, a plan that contains many measures that will benefit the constituents in my riding of Richmond Hill and indeed all Canadians from coast to coast to coast. It is a plan that promises to help foster economic growth, to create jobs, and to reduce taxes.

Today I would like to focus my remarks on how our government plans to provide more flexibility to the provinces and territories on the design of their social assistance programs.

Social assistance payments are the jurisdiction of provincial and territorial governments. Through the Canada social transfer, the Government of Canada will transfer more than $12 billion to provinces and territories this year in support of post-secondary education, social assistance, and social services as well as early childhood development, early learning, and child care.

As part of Bill C-43, our government proposes an amendment to the Federal-Provincial Fiscal Arrangements Act that would give provinces and territories the flexibility to introduce a minimum period of residence before most foreign nationals could access social assistance in their jurisdictions.

While provinces and territories are responsible for determining eligibility for social assistance, if they decide to impose a minimum residency requirement, they currently risk a reduction in their Canada social transfer payments. With our proposed changes, provinces and territories would no longer be penalized should they choose to establish a minimum waiting period.

On this side of the House, we respect provincial and territorial jurisdiction. That is why we are proposing to allow provinces and territories to make all the decisions surrounding social services. These changes would allow provinces and territories to introduce a residency requirement for most temporary foreign nationals.

As is currently the case, Canadian citizens and permanent residents would not be subject to these provisions. Those who have been determined to be in genuine need of protection would also be excluded from this provision. I remind this House that temporary residents include temporary foreign workers, international students, and visitors.

To obtain a visitor visa or a study or work permit, all foreign nationals must demonstrate that they can support themselves and their dependents financially for the duration of their stay. However, temporary residents are just that. They are here on a temporary basis to study, to work, or to visit Canada as tourists. Our proposed amendment is in line with this requirement in the Immigration and Refugee Protection Act.

What we are proposing in the bill is simply to give provinces and territories the flexibility to establish their own timelines, should they choose, before granting residents access to their social assistance programs.

In addition to Canadian citizens, permanent residents, and protected persons, victims of human trafficking who hold temporary resident permits would also be excluded. That is because our government is committed to protecting vulnerable migrants who find themselves in abusive or exploitive situations. We are simply removing the risk of a penalty if provinces and territories choose to introduce a minimum period of residence before foreign nationals can access our country's very generous social assistance programs.

It is important to note that it is up to each province and territory to determine eligibility for social assistance benefits. This also means that should they choose to introduce a residency requirement, the provinces and territories would determine the length of the residency period. This bill would not change the terms and conditions under which residents access welfare or other social programs. It would simply provide more flexibility to the provinces and territories.

At the Standing Committee on Citizenship and Immigration, we had the opportunity to hear from various stakeholders on this very topic. The Canadian Taxpayers Federation was very supportive of these changes. This is what it had to say:

We merely believe that, as the level of government responsible for the delivery of social services, the provinces are also the appropriate level of government to retain the power to make such a decision without the risk of fiscal penalty from Ottawa.

As well, Mr. Bissett, from the Centre for Immigration Policy Reform, commented on how logical these changes truly are. He said:

It seems logical to me that the federal government should live up to its principles of allowing the provinces to carry out their functions without interference. This is an anachronism that exists in the law and I think it should be changed. Remember that there's no compulsion whatsoever on the provinces to make changes. It's removing a penalty and allowing them, if they wish, to impose residency requirements on individuals.

When we heard from government officials, they were able to share some past experiences with the Canada social transfer. We learned that the 1995 federal budget announced that residency requirements for social assistance, a condition for federal cost-sharing of social assistance expenditures under the Canada assistance plan, would continue to be prohibited under the Canada health and social transfer, which replaced the CAP. The prohibition remains in the CST today.

In November 1995, British Columbia introduced a three-month residency requirement for collecting social assistance for those who arrived from other provinces and countries, which was in violation of the prohibition under the Canada assistance plan. The federal human resources minister withheld CAP transfer payments accordingly, ultimately imposing a penalty of $20 million on the province, which reflected the actual savings to the province achieved by the residency requirements. British Columbia eventually removed the residency requirement.

We are proposing to amend the Federal-Provincial Fiscal Arrangements Act to ensure that this does not happen again. In short, our government respects provincial and territorial jurisdiction. As social assistance is their jurisdiction, it is entirely reasonable that they have the authority to establish their own rules for these social programs.

While I am delighted that I had the opportunity to focus on the proposed amendments to the FPFAA, I wish I had more time to discuss other provisions contained in the economic action plan 2014 act, no. 2, such as the new small business job credit that would support job creation; the doubling of the children's fitness tax credit to $1,000, which would now be refundable; the elimination of the graduated rate of taxation for trusts and certain estates; and the extension of the existing tax credit for interest paid on government-sponsored student loans to interest paid on a Canada apprentice loan.

These are all important measures that would benefit not only my constituents in Richmond Hill but all Ontarians and indeed all Canadians in every province and every territory in this country.

The fact is that Canadians trust this Conservative government to support jobs and promote economic growth for families and communities and to return to balance budgets by 2015.

I hope all hon. members in this House will support economic action plan 2014 act, no. 2 by voting for the budget implementation act.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:35 p.m.

NDP

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

Mr. Speaker, I would like to congratulate my friend, who just finished his speech, for actually talking about what is in Bill C-43. Most Conservative speakers before him did not even try.

I take exception to an element he mentioned, the residency requirements for refugee claimants. If I understood what he said, it would be a way of giving powers to the provinces. Residency requirements are actually a part of the agreement between the federal government and the provinces for transfers. It has been agreed upon by the provinces in the past.

Where I do not agree with my colleague is with the rationale of it supposedly giving power to the provinces. If we are going to the full extent of what he said, basically, if the government were willing to give that power to the provinces, it would drop residency requirements for social assistance for everyone. In this bill, it is only for refugee claimants.

Why are these residency requirements specifically targeting refugee claimants, rather than having all Canadians subject to the same clause?

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:35 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, these amendments are facilitative. It would be up to the provinces and territories to choose to introduce a period of residence to establish its length.

Unfortunately, from the way that the members of the opposition have presented this somewhat obscure change in the provision, they seem to think it is somehow an attack on refugees. I would point out that protected persons who have been determined to be genuine refugees but are not yet permanent residents are excluded from this provision. Victims of human trafficking who hold a valid temporary resident permit are also excluded.

I should also point out to the member that when we bring pieces of legislation before the House to facilitate the processing of legitimate refugees so they can get permanent and long-term assistance in our country, it would be nice to see the member and his party occasionally vote in favour of those changes. We are focusing on providing assistance in an expedited way as quickly as possible to those who truly need it.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:35 p.m.

Etobicoke—Lakeshore Ontario

Conservative

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

Mr. Speaker, I commend my colleague for providing some new information in his speech and correcting some of the misinformation being spread by the opposition about the provisions and changes to the Federal-Provincial Fiscal Arrangements Act.

Clearly, this would help protected persons. We also want to encourage mobility within Canada so that there are no residency requirements for people moving from province to province if they want to collect social assistance. We want to encourage Canadians to move around and chase opportunities. This country was built on people pursuing opportunities, not waiting for the opportunities to come to them, so we want to encourage that kind of mobility.

The point that the member raised, and I would like him to comment on it further, is that when we focus on protected people who are excluded from having a residency requirement, there are then more resources available for asylum claimants, who are genuinely protected people who are accepted as refugees in this country. Could the member comment on how this would potentially increase the funds the provinces have for social assistance for accepted asylum claimants?

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:40 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, I would like to thank my colleague from Etobicoke—Lakeshore for that very important question and for putting things somewhat into perspective.

I would like to do a little bit of comparison. Let us compare it to the Canada Health Act of 1985. Currently, provinces and territories are able to establish minimum periods of residence before an individual can receive health care in the region. It is typically three months. They impose a waiting period of three months for people to be in a specific province before they can get health care. They have the right to do that as provinces.

This would basically give them the same opportunity on the social assistance side in those cases that are not extreme. Those families who require assistance as legitimate refugees in this country are not going to be affected. As I said earlier, those who are here as subjects of human trafficking are not going to be affected. What this measure would do is simply to give the provinces the opportunity to assess and have the right to impose a short period of time, if they so choose, before providing social assistance.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:40 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, here we are again standing in the House and talking about another omnibus budget bill designed to ram through hundreds of changes with little study or oversight, and without consultation and, I would say, without the consent of Canadians. Canadians do not trust the Conservative government any more, thanks to draconian bills, secret cabinet meetings, the muzzling of scientists, and the continual stifling of our democracy.

These policies are anything but transparent, as the Conservatives had promised when they were first elected. I am sure that we remember the first Conservative bill, the Federal Accountability Act. Accountability is dead because we have before us Bill C-43, another long bill, in this case consisting 460 pages, with 400 clauses, and dozens of amendments to acts that include a variety of measures that were never mentioned in the budget speech.

The point of electing MPs from across the country and from a variety of political parties is to ensure that there is oversight and democratic governance. These omnibus budget bills mock the very principles that Canadians hold dear. It behooves the government to allow MPs to take the time to study the bill to ensure that due diligence and oversight are respected. After all, does oversight not remain the cornerstone of our democratic system?

It is not just New Democrats calling for oversight. In 2002, the OECD report entitled, “Best Practices for Budget Transparency”, stated that draft budgets should be submitted to Parliament no less than three months prior to the start of the fiscal year. It also noted that budgets should include a detailed commentary on each revenue and expenditure program, comparative information on actual revenue and expenditure during the past year, and an updated forecast for the current year should also be provided for each program. None of these practices are currently followed in Canada. If these guidelines were followed, I believe we would have a much more democratic process, one that we could all be proud of and follow with security.

Sadly, as I have said, I am afraid democracy will once again get the short end of the stick and this bill will be rammed through the House. The government has the numbers and has consistently rejected NDP amendments and failed to listen to Canadians. The quick passing of omnibus bills is problematic. There are many issues in this particular bill that absolutely must be addressed and weighed by parliamentarians. Tragically, the bill in front of us is an overt and outright attack on some of the most vulnerable people in our society, particularly unemployed Canadians, who will not be helped by the implementation of the so-called job credit.

This proposal has already been panned by experts like the Parliamentary Budget Officer, who called it wasteful and extraordinarily expensive. Mike Moffatt from the Ivey school of business at the University of Western Ontario said that “the proposed ‘Small Business Job Credit’ has major structural flaws that, in many cases, give firms an incentive to fire workers and cut salaries”. He went on to say:

The way this...system is designed is that the maximum benefit a company can receive from firing a worker and going under the $15,000 threshold far exceeds the maximum benefit a small business can receive from hiring an additional workers.

As we know, this measure will take $550 million from the EI fund. It should have been subjected to serious scrutiny by the government, but, as we have come to expect, the Conservatives ignored analysis by the Parliamentary Budget Officer and never sought detailed analysis of the real job impacts from the Department of Finance. The Parliamentary Budget Officer estimates that the program would create about 800 jobs, maximum, despite its enormous price. As I mentioned, economists such as Mike Moffatt have written that the proposal actually gives employers a greater incentive to fire workers than hire them.

I cannot in good conscience support a bill that would actually give employers a reason to fire employees instead of permanently hire them. That is exactly what Bill C-43 would do. Quite literally, it attacks the unemployed and the very vulnerable people that this country has promised to protect.

The provisions in this budget implementation act would allow provinces to impose residency requirements on people without permanent status and would deny refugee claimants and those without permanent status in Canada the ability to obtain the most basic social assistance. After the Conservative cuts to refugee health, which are just beyond the pale, the current government continues to attack some of the most vulnerable people in Canada in the name of saving a few dollars. It is absolutely unconscionable.

Let us not forget that the Conservatives are promising a false balanced budget. To get to their so-called balance, they are cutting provincial health transfers by $36 billion. That smacks of the missing EI funds that we saw not very long ago, and all of this would have a very negative impact on Canadians.

This bill also includes an amendment to the Aeronautics Act that would allow the Minister of Transport to prohibit any development of or change to an aerodrome in Canada that he or she feels is not in the public interest. That means that any airport of any size anywhere in Canada would be subject to a veto by the Minister of Transport. I must say that I do not have a great deal of faith in these ministers. I have constituents who are very angry about this and rightly so. This is yet another attempt by the Conservatives to centralize more power in the hands of the Prime Minister and cabinet, and it is the absolute antithesis of democracy.

I am happy to say that there are a few aspects of the bill that have some positive implications.

It is good, for example, to see that the NDP's long-standing proposal to end pay-to-pay billing by telecommunications and broadcasting companies is in the bill. We will have to see if it actually goes anywhere. I have heard many complaints from seniors from across the country about this unfair charge to receive a paper bill, and I am pleased that the change was included. However, the change falls short and fails to live up to the promise the Conservatives made to end unfair gouging by the banks. Like so much the current government does, it is just another half measure.

The bill also includes measures to address a major appeals backlog at the Social Security Tribunal by allowing for more tribunal members. I am pleased to see this. The backlog is absolutely unacceptable. It has hurt a lot of very vulnerable people—I have heard the stories—and I am hopeful that the backlog will be tackled. However, there would not have been a backlog if the government had not decimated the tribunal in the first place.

I wish I had more positive things to say about Bill C-43, but I am afraid I do not.

There are a lot of good things that the government could have done with this bill, things that would have helped Canadians find jobs and make life more affordable. Those are things like a pan-Canadian childcare program that would ensure that families had access to quality childcare at $15 a day. That is the kind of thing that boosts a community, helps families, and sparks the economy.

The government could also develop a strategy to deal with persistent youth unemployment. It could implement a youth hiring and training credit. The Conservatives did not do it, and unfortunately the youth of this country are going to suffer as a result.

They could have phased out the billion-dollar subsidies for the oil and gas sector. Imagine having a billion dollars to invest in the security of our seniors and in job creation for our youth. Imagine that money redirected into health care.

I am very sorry to say that none of those things have been addressed by the government. The Conservatives could have done some good, finally. They chose not to, and I am very sorry about that.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:50 p.m.

Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, my colleague did talk a bit toward the end about youth employment. Certainly as part of our study in the finance committee on youth employment, we did see that it is a stubborn issue that has been a real challenge over the past number of decades. One of the things that we talked about in committee was the idea that too few of our young people were encouraged to go into the trades, which have a somewhat negative stigma to them. Unfortunately, as a result of that, we have missed a generation of tradespeople who are not available to do work in our country right now.

One of the provisions of the budget would extend the existing tax credit for interest paid on student loans to interest paid on a Canada apprentice loan. Does the member not believe this is a great thing for young people to help them to pursue an education in the trades and to be able to provide people for the work we are going to have to do in the future, in particular construction work and similar types of work? Does she not believe that is a good initiative in the budget?

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:50 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, supporting the trades and youth is critical. When I taught in London, Ontario, one of the travesties of the situation that I encountered was this undermining of the trades, or this sense they were somehow of lesser value to the economy. We know that is not the case.

I have not seen a great deal of positives from the Conservative government, or from the previous government. It very much seems that in cutting their transfers for post-secondary education, they were more interested in balancing budgets or doing whatever it was they thought they were doing.

This gives me an opportunity to do a little bragging. Fanshawe College is my riding. Right now, it is developing programs in conjunction with local businesses to support the development of the region and job creation. They are using the expertise of the college and its staff to have an impact on student and regional jobs, and technologies. Will the government support that? I am waiting.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:50 p.m.

NDP

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

Mr. Speaker, I thank my colleague from London—Fanshawe for her speech.

Once again, unlike most of the government members, she focused her comments around items that were actually in the budget bill.

She pointed out many problems with this bill. I would like to know what she thinks of the aspects dealing with the much-touted tax credit for small businesses, which is really more like a premium holiday, given that it is being offered through the surplus in the employment insurance fund. That surplus was achieved largely by making it harder for contributors to access EI benefits.

I know that the people of southwestern Ontario, where her riding is located, are very concerned about this situation.

Motions in amendmentEconomic Action Plan 2014 Act, No. 2Government Orders

December 2nd, 2014 / 12:55 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, it comes down to the fact that the government fails to understand investment. It talks about tax cuts and all the things it does to reduce the amount of money available to government to do good things in the community, but it never talks about investment.

It never talks about investment in workers and families when they are in need, as with the employment insurance fund. It certainly never talks about investment in small business, or at least the kind of investment needed. In fact, it has cut the tax credits for small business.

The New Democrats would restore hiring tax credits. We would reduce those taxes to small businesses. We saw that in Manitoba already with an NDP government. We would crack down on hidden credit card transaction fees. Imagine the boost to small businesses if they did not have these terrible credit card transaction fees taking away from their ability to deliver to their customers and to generate more business.

We can grow business in our country and in our communities, but not with the Conservative government. The New Democrats would do that.