Bill C-59 (Historical)

Economic Action Plan 2015 Act, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures

Part 1 implements income tax measures and related measures proposed or referenced in the April 21, 2015 budget. In particular, it
(a) reduces the required minimum amount that must be withdrawn annually from a registered retirement income fund, a variable benefit money purchase registered pension plan or a pooled registered pension plan;
(b) ensures that amounts received on account of the new critical injury benefit and the new family caregiver relief benefit under the Canadian Forces Members and Veterans Re-establishment and Compensation Act are exempt from income tax;
(c) decreases the small business tax rate and makes consequential adjustments to the dividend gross-up factor and dividend tax credit;
(d) increases the lifetime capital gains exemption to $1 million for qualified farm and fishing properties;
(e) introduces the home accessibility tax credit;
(f) extends, for one year, the mineral exploration tax credit for flow-through share investors;
(g) extends, for five years, the tax deferral regime that applies to patronage dividends paid to members by an eligible agricultural cooperative in the form of eligible shares;
(h) extends until the end of 2018 the temporary measure that allows certain family members to open a registered disability savings plan for an adult individual who might not be able to enter into a contract;
(i) permits certain foreign charitable foundations to be registered as qualified donees;
(j) increases the annual contribution limit for tax-free savings accounts to $10,000;
(k) creates a new quarterly remitter category for certain small new employers; and
(l) provides an accelerated capital cost allowance for investment in machinery and equipment used in manufacturing and processing.
Part 2 implements various measures for families.
Division 1 of Part 2 implements the income tax measures announced on October 30, 2014. It amends the Income Tax Act to increase the maximum annual amounts deductible for child care expenses, to repeal the child tax credit and to introduce the family tax cut credit that is modified to include transferred education-related amounts in the calculation of that credit as announced in the April 21, 2015 budget.
Division 2 of Part 2 amends the Universal Child Care Benefit Act to, effective January 1, 2015, enhance the universal child care benefit by providing $160 per month for children under six years of age and by providing a new benefit of $60 per month for children six years of age or older but under 18 years of age.
It also amends the Children’s Special Allowances Act to, effective January 1, 2015, increase the special allowance supplement for children under six years of age from $100 to $160 per month and introduce a special allowance supplement in the amount of $60 per month for children six years of age or older but under 18 years of age.
Part 3 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 3 enacts the Federal Balanced Budget Act. That Act provides for certain measures that are to apply in the case of a projected or recorded deficit. It also provides for the appearance of the Minister of Finance before a House of Commons committee to explain the reasons for the deficit and present a plan for a return to balanced budgets.
Division 2 of Part 3 enacts the Prevention of Terrorist Travel Act in order to establish a mechanism to protect information in respect of judicial proceedings in relation to decisions made by the designated minister under the Canadian Passport Order to prevent the commission of a terrorism offence or for the purposes of the national security of Canada or a foreign country or state. It also makes a related amendment to the Canada Evidence Act.
Division 3 of Part 3 amends the Industrial Design Act, the Patent Act and the Trade-marks Act to, among other things, provide for extensions of time limits in unforeseen circumstances and provide the authority to make regulations respecting the correction of obvious errors. It also amends the Patent Act and the Trade-marks Act to protect communications between patent or trade-mark agents and their clients in the same way as communications that are subject to solicitor-client privilege.
Division 4 of Part 3 amends the Canada Labour Code to increase the maximum amount of compassionate care leave to 28 weeks and to extend to 52 weeks the period within which that leave may be taken. It also amends the Employment Insurance Act to, among other things, increase to 26 the maximum number of weeks of compassionate care benefits and to extend to 52 weeks the period within which those benefits may be paid.
Division 5 of Part 3 amends the Copyright Act to extend the term of copyright protection for a published sound recording and a performer’s performance fixed in a published sound recording from 50 years to 70 years after publication. However, the term is capped at 100 years after the first fixation of, respectively, the sound recording or the performer’s performance in a sound recording.
Division 6 of Part 3 amends the Export Development Act to add a development finance function to the current mandate of Export Development Canada (EDC), which will enable EDC to provide development financing and other forms of development support in a manner consistent with Canada’s international development priorities. The amendments also provide that the Minister for International Trade is to consult the Minister for International Development on matters related to EDC’s development finance function.
Division 7 of Part 3 amends the Canada Labour Code in order to, among other things, provide that Parts II and III of that Act apply to persons who are not employees but who perform for employers activities whose primary purpose is to enable those persons to acquire knowledge or experience, set out circumstances in which Part III of that Act does not apply to those persons and provide for regulations to be made to apply and adapt any provision of that Part to them.
Division 8 of Part 3 amends the Members of Parliament Retiring Allowances Act to, among other things, provide that the Chief Actuary is not permitted to distinguish between members of either House of Parliament when fixing contribution rates under that Act.
Division 9 of Part 3 amends the National Energy Board Act to extend the maximum duration of licences for the exportation of natural gas that are issued under that Act.
Division 10 of Part 3 amends the Parliament of Canada Act to establish an office to be called the Parliamentary Protective Service, which is to be responsible for all matters with respect to physical security throughout the parliamentary precinct and Parliament Hill and is to be under the responsibility of the Speaker of the Senate and the Speaker of the House of Commons. The Division provides that the Speakers of the two Houses of Parliament and the Minister of Public Safety and Emergency Preparedness must enter into an arrangement to have the Royal Canadian Mounted Police provide physical security services throughout that precinct and Parliament Hill. It also makes consequential amendments to other Acts.
Division 11 of Part 3 amends the definition “insured participant” in the Employment Insurance Act to extend eligibility for assistance under employment benefits under Part II of that Act, while providing that the definition as it reads before that Division comes into force may continue to apply for the purposes of an agreement with a government under section 63 of that Act that is entered into after that Division comes into force. It also contains transitional provisions and makes consequential amendments.
Division 12 of Part 3 amends the Canada Small Business Financing Act to modify the definition “small business” in order to increase the maximum amount of estimated gross annual revenue referred to in that definition. It also amends provisions of that Act that relate to eligibility criteria for borrowers for the purpose of financing the purchase or improvement of real property or immovables, in order to increase the maximum outstanding loan amount.
Division 13 of Part 3 amends the Personal Information Protection and Electronic Documents Act to extend the application of that Act to organizations set out in Schedule 4 in respect of personal information described in that Schedule.
Division 14 of Part 3 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to require the Financial Transactions and Reports Analysis Centre of Canada to disclose designated information to provincial securities regulators in certain circumstances.
Division 15 of Part 3 amends the Immigration and Refugee Protection Act to
(a) clarify and expand the application of certain provisions requiring the collection of biometric information so that those requirements apply not only to applications for a temporary resident visa, work permit or study permit but may also apply to other types of applications, claims and requests made under that Act that are specified in the regulations; and
(b) authorize the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness to administer that Act using electronic means, including by allowing the making of an automated decision and by requiring the making of an application, request or claim, the submitting of documents or the providing of information, using electronic means.
Division 16 of Part 3 amends the First Nations Fiscal Management Act to accelerate and streamline participation in the scheme established under that Act, reduce the regulatory burden on participating first nations and strengthen the confidence of capital markets and investors in respect of that scheme.
Division 17 of Part 3 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to
(a) add a purpose statement to that Act;
(b) improve the transition process of Canadian Forces members and veterans to civilian life by allowing the Minister of Veterans Affairs to make decisions in respect of applications made by those members for services, assistance and compensation under that Act before their release from the Canadian Forces and to provide members and veterans with information and guidance before and after their release;
(c) establish the retirement income security benefit to provide eligible veterans and survivors with a continued financial benefit after the age of 65 years;
(d) establish the critical injury benefit to provide eligible Canadian Forces members and veterans with lump-sum compensation for severe, sudden and traumatic injuries or acute diseases that are service related, regardless of whether they result in permanent disability; and
(e) establish the family caregiver relief benefit to provide eligible veterans who require a high level of ongoing care from an informal caregiver with an annual grant to recognize that caregiver’s support.
The Division also amends the Veterans Review and Appeal Board Act as a consequence of the establishment of the critical injury benefit.
Division 18 of Part 3 amends the Ending the Long-gun Registry Act to, among other things, provide that the Access to Information Act and the Privacy Act do not apply with respect to records and copies of records that are to be destroyed in accordance with the Ending the Long-gun Registry Act. The non-application of the Access to Information Act and the Privacy Act is retroactive to October 25, 2011, the day on which the Ending the Long-gun Registry Act was introduced into Parliament.
Division 19 of Part 3 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to modernize, clarify and enhance the protection of prescribed supervisory information that relates to federally regulated financial institutions.
Division 20 of Part 3 authorizes the Treasury Board to establish and modify, despite the Public Service Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.
It also authorizes the Treasury Board to establish and modify, despite that Act, a short-term disability program, and it requires the Treasury Board to establish a committee to make joint recommendations regarding any modifications to that program.
Finally, it authorizes the Treasury Board to modify, despite that Act, the existing public service long-term disability programs in respect of the period during which employees are not entitled to receive benefits.

Economic Action Plan 2015 Act No. 1

[James Rajotte, Conservative, Edmonton—Leduc, AB]

Mr. Speaker, I want to pull the member back to the budget bill itself and read some of the measures in it. The budget bill would allow seniors to keep more in their RRIFs for a longer period of time. It proposes moving the small business tax rate down to 9%. It proposes increasing the lifetime capital gains exemption to $1 million. It introduces the home accessibility tax credit, extends the mineral exploration tax credit, allows foreign charitable foundations to be registered as qualified donees and provides an accelerated capital cost allowance for the manufacturing sector for a 10-year period.

Which of those measures does he support, which of those measures does he oppose, and if he opposes them, why does he oppose them?

[Adam Vaughan, Liberal, Trinity—Spadina, ON]

Mr. Speaker, for the last week, we have been hearing how the government treats all Canadians the same. Yet every measure he just identified singles out specific groups of Canadians and treats them differently. That is a contradiction the government has to answer, not me.

There are several provisions in the budget that, of course, we support. There is the capital gains tax that allows people who sell their homes not to have to lose so much of their assets and allows them to protect their retirement. We understand that there are elements of this bill which all of us, in fact, I think all three parties, if we split the bill apart, would give unanimous support for. However, there are provisions in this bill, which, quite frankly, do not measure up.

When one loads into the approach to housing being all aimed at affluent, well-housed Canadians and punitive measures are taken against those people living in rental and affordable housing, one has, effectively, not treated all Canadians the same, and that is not fair.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I listened closely to my colleague's speech.

I think he talked up the Liberal party far too much in his speech because every time the Liberals formed a government, they did not balance the budgets like they say they did. Instead, they dipped into the EI fund and drained it completely in order to fund their promises.

The hon. member says that the other parties are making promises to make other promises. Unfortunately, the Liberal Party does not seem to be very good at math.

Let me just say that the Liberal Party's own leader said that budgets balance themselves. I think his party is having a hard time doing the math. Recently, the Liberals announced that they would bring in a program to help children, but that the program would run a deficit of $1 billion to $2 billion

Can the hon. member tell me whether the Liberal Party is going to drain the EI fund again to pay for its promises, or is this another empty promise the Liberal Party is going to cast aside as usual?

[Adam Vaughan, Liberal, Trinity—Spadina, ON]

Mr. Speaker, I would ask for the hon. member to wait for the full platform before he criticizes it. The platform is coming, and it will be balanced, as were the last seven budgets presented by a Liberal government in the House, the last of which was a balanced budget that had $2.7 billion for housing, which his party voted against. The $2.7 billion that was not spent on housing in the last decade is a large part of why the crisis has deepened. The NDP needs to take responsibility for that as a party.

However, there will be other measures. I just outlined what our housing platform would look like, and it is a real housing platform. It is not a plan to have a plan, it is actually a detailed agenda to deal with a series of housing crises that have emerged across the country.

The Conservative government has not only deepened the affordable housing crisis, it has now started to create a crisis in housing affordability, and we need to address the full spectrum. The Liberal Party will do that in a way which is fiscally responsible.

I remind you that we balanced the budget, and the last budget that was balanced had $2.7 billion plus a daycare plan, and your party voted against it, rolled the dice and gave us that government over there.

I am not prepared to sit here and take that again. It is time for a change and for a vision for the future. If you want to go back and prosecute—

[Some hon. members]

Oh, oh!

[The Speaker, Andrew Scheer]

Order, please. The hon. member must remember to address his remarks to the Chair lest anyone would think he was speaking about the Speaker.

The hon. Minister of Veterans Affairs has a question, and there is only about 30 seconds left for him to do so.

[Erin O'Toole, Conservative, Minister of Veterans Affairs]

Mr. Speaker, as the hon. member well knows, there are provisions in the budget implementation act that will have a profound impact for veterans and their families, which have really been the result of several years of consultation with the ombudsman, with the Standing Committee on Veterans Affairs and with outreach to veterans and stakeholder groups.

I wonder if that member would comment on why his party, which seemed to support most of these measures as part of the Standing Committee on Veterans Affairs last June, appears now not to support the measures as part of the budget.

[Adam Vaughan, Liberal, Trinity—Spadina, ON]

Mr. Speaker, it is a common practice for the government to put some things in an omnibus bill together with a lot of really awful, terribly bad things. As I said, totally useless, totally unfair and totally unnecessary, which are the three Ts the Conservative Party has come to like.

If you were to split those provisions out, I am sure you would get pretty good support across the House, but when you couple them with pathetic programs on urban affairs—

[Some hon. members]

Oh, oh!

[The Speaker, Andrew Scheer]

I know the member is relatively new to the House, but by now he should know that he really cannot address his comments directly to other members. It is now the second time I have heard him do so.

We will move on to statements by members.

The House resumed consideration of the motion that Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, be read the second time and referred to a committee, and of the amendment.

Economic Action Plan 2015 Act, No. 1

[Erin O'Toole, Conservative, Minister of Veterans Affairs]

Mr. Speaker, it is an honour for me to rise in the House, in two capacities, to speak on the budget implementation act.

I am very honoured to represent my home town in Parliament as the member of Parliament for Durham and the communities of Clarington, Scugog and Uxbridge. I will speak to some of the great elements of economic action plan 2015 that concerns my constituents in my riding and issues for which I have advocated.

I also have the tremendous honour to sit in the House of Commons as the Minister of Veterans Affairs. As someone who has served in the Canadian Armed Forces for 12 years and had worked on these issues before joining this Parliament, it is a profound honour that I take seriously. There are some amazing new benefits and programs in the budget implementation act for veterans and their families, which I have made a pledge to pass before Parliament rises for the summer. It is why it is in the budget implementation act itself.

First, as the member of Parliament for Durham, I am very proud of this budget and what we would implement with it, because this is the culmination of four years of dedicated and strategic work by the Prime Minister and by our government.

Budgets do not balance themselves. Governments need to set priorities. They need to plan and they need to ensure they set an environment for job creation and economic growth, without taxing Canadians and small businesses too much, so we can stimulate an active economy and really see job creation and participation in our economy by young people, families and through seniors in their working and retirement years.

First, this budget is a balanced budget. We made a commitment to reach balance in 2015. We did that while raising transfer payments, in my case, to Ontario by over 80% for health and education. We did not take the route the Liberals did to balance a budget by slashing transfers to the provinces and making premiers cut hospitals and nurses. We have been increasing steadily that commitment. We have balanced the budget through growing the economy and by slowing the growth of government to core and strategic areas.

We told Canadians that once we achieved balance, we would offer tax relief for families with young children, seniors who were on fixed incomes and to continue to stimulate our economy. I am proud to say we have done that.

On the universal child care benefit, it is key to recognize that it is universal. Families with children will receive support, and then they can make their own decisions on what best works for their family. Whether one parent steps away from the workforce for a few years, whether one reduces and goes part time, whether they use live-in care, whether they use daycare, whether they use a parent or an aunt to look after the kids, parents make their choices and we empower that through our universal child care benefit. This has been very well received in my riding of Durham.

Now we are increasing it to $160 per month for children under six, which will be almost $2,000 a year for families to make their decisions with respect to child care. We are also enhancing it beyond the age of six, recognizing that there is after-school care. Schools get out 3 p.m. and parents need flexibility. Therefore, there will be almost $720 in a new extension of the universal child care benefit for children 6 to 17. We are increasing the child care expense deduction by $1,000 to allow people who use child care services to have more tax deductibility for that.

With our family tax cut, we are allowing income splitting on a limited basis for families in particular where mom or dad decides to step out of the workplace for a few years or reduce their hours. We are allowing that family unit to be taxed as more of a single unit, because parents are making decisions as a unit when they are raising families. All families do. I see that daily in my area of Courtice, Ontario. Therefore, while they are raising their children, this will allow them to smooth off that income and save up to $2,000 as part of our family tax cut.

For seniors, we are continuing to build on recognizing that seniors built the country, they are on fixed incomes in their pension retirement years and they need our support. Costs are going up.

We introduced pension income splitting a few years ago to allow seniors to be taxed as a unit while on a fixed income. In this budget, we have provided more flexibility so less withdrawals from RRIFs have to occur to allow for more savings. We have increased the tax-free savings account to $10,000 to allow financial planning and certainty for seniors and all families, and to encourage a saving culture.

I am also very proud that this government has listened to the MPs who hear from seniors in their ridings who want to stay in their homes and, in some cases, need modifications made to stay there. We have the home accessibility tax credit of up to $1,500, which would allow seniors to make modifications so they could stay in their own homes.

We are delivering for families and seniors with a balanced budget, as we promised.

Small businesses are the majority of employers across Canada. We have been cultivating the small business sector with over 30% lower taxes for it, allowing small businesses to invest with tax measures and encouraging them to hire in recent years with a new-hire tax credit. I am very proud our government is lowering the small business tax credit in this budget, from 11% to 9%. That allows small businesses to hire a few more people, to invest in their operations, to be competitive and grow. It is about jobs across the country, including in my riding of Durham.

This is how governments should work. It makes a plan, sets priorities, articulates that to Canadians, and then has the leadership that this Prime Minister has shown to deliver on that plan. This budget and the implementation of it recognizes that we are delivering exactly what we said when we reached a balance budget: support for families with young children, support for seniors, and stimulating economic growth and job creation in communities across the country.

In the remainder of my time, I will speak as the Minister of Veterans Affairs. I am very happy that the budget implementation act has some tremendous new benefits for veterans and their families, building on the work of the Standing Committee on Veterans Affairs last year. The new veterans charter needed to be updated and amended to address our most seriously injured, those who have the most difficult time transitioning from their careers in the Canadian Armed Forces, and some of the gaps in the new veterans charter brought in by the Liberal government, implemented by our government, and voted on by all members in the House. With fixes contained in this budget implementation act, we will get to a veterans charter that will serve more than just most veterans. It will serve all veterans.

The retirement income security benefit addresses the issue of post-65 income for seriously injured veterans, when their earning loss benefit ends at 65 and they hit those retirement years. Under the old system, they would have seen a big drop in income at 65. We fixed that. We are guaranteeing them a predictable level of income post- 65, along with a permanent impairment allowance, another lifetime benefit, which over time I want to see streamlined into a single pension for the most seriously injured. With the retirement income security benefit, the RISB, contained in this implementation act, we will give peace of mind to veterans, who are moderately to severely injured in service to Canada, and their families.

Also in this implementation act is a critical injury benefit, a benefit that recognizes and compensates for the pain and suffering that servicemen and women will go through if they are critically injured in service to their country, an acute injury that leads to hospitalization, intensive care, surgical intervention. In the past, if they recovered, they would get a disability award based on the recovery without recognizing all the pain and suffering of that recovery time. The critical injury benefit would do that.

As well, there is the family caregiver relief benefit for the most seriously injured, which will provide over $7,000 tax free to a family to provide more flexibility. If we know a spouse or adult child is an added caregiver, Veterans Affairs will provide contracted care in the home. However, the home will be changed if someone is seriously injured. We are providing more flexibility, recognizing the critical role of family in the wellness of veterans.

These types of new benefits for the most seriously injured veterans and their families are items for which all parties have asked. They were contained in Bill C-58, but after six weeks of delay, intentional or not, six weeks of criticism of the very reforms that some members of the House asked for last year, I have included all of these provisions alongside our purpose statement of obligation in the budget implementation act.

It is a great act not just as the MP for Durham and the support for families and businesses, but I am profoundly proud of what it would do for veterans and their families.

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, I would like to thank the member for his service to the Canadian Armed Forces. He said that he would like to pass this before Parliament rose and yet he had an opportunity to do so just last week when the member for Sackville—Eastern Shore asked for unanimous consent to pass Bill C-58 several times, which roughly covers the same ground.

It is hard to listen to the member talk about us putting obstacles in the way of veterans' benefits when the member was not willing to pass it right away. Our veterans need real support. Veterans Affairs runs just one hospital close to my riding, which is known as Ste. Anne's Hospital. Sean Bruyea, a veterans advocate, says that it is essential to have such hospitals because they understand that the needs of veterans are unique.

Supporting our troops needs to be more than just a bumper sticker slogan. We need true support for our troops and support for the families of veterans. Will the member undertake to take Bill C-58 out of the omnibus budget bill and pass it right away, right here, right now?

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, I made a commitment to veterans and their families over the last four months, as we have rolled out new benefits, new improvements, many of which members like the member for Sackville—Eastern Shore recommended as part of the standing committee last year. When these benefits were rolled out, they were criticized, suggesting there would be delays on it. Therefore, we are moving to ensure I keep my commitment by putting it in the budget implementation act.

When the member for Sackville—Eastern Shore asked for unanimous consent of Bill C-58, it was after the budget implementation act had already been earmarked to go before the Standing Committee on Veterans Affairs for debate. Unfortunately, that member and the NDP continue to be several steps behind and continue to play a little politics on these issues.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member made reference to a balanced budget. It is important for people to recognize that we are months away from an election, and the Minister of Finance proclaims to all Canadians that we have a balanced budget. He wholesaled $2 billion worth of GM shares. He dipped into the contingency fund, something which other ministers said they would not do, to balance the budget. The Conservatives created a false impression that they actually created a balanced budget with a surplus of just over $1 billion. Canadians need to be aware that the Conservative majority government has never achieved a balanced budget, but miraculously in the year of an election, it has claimed it has one.

Jean Chrétien and Paul Martin consistently produced balanced budgets. Does the member believe the Conservative government will fool Canadians into believing it has a balanced budget when in reality it does not?