Bill C-15 (Historical)

Budget Implementation Act, 2016, No. 1.

An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures

Part 1 implements certain income tax measures proposed in the March 22, 2016 budget by
(a) eliminating the education tax credit;
(b) eliminating the textbook tax credit;
(c) exempting from taxable income amounts received as rate assistance under the Ontario Electricity Support Program;
(d) maintaining the small business tax rate at 10.‍5% for the 2016 and subsequent taxation years and making consequential adjustments to the dividend gross-up factor and dividend tax credit;
(e) increasing the maximum deduction available under the northern residents deduction;
(f) eliminating the children’s arts tax credit;
(g) eliminating the family tax cut credit;
(h) replacing the Canada child tax benefit and universal child care benefit with the new Canada child benefit;
(i) eliminating the child fitness tax credit;
(j) introducing the school supplies tax credit;
(k) extending, for one year, the mineral exploration tax credit for flow-through share investors;
(l) restoring the labour-sponsored venture capital corporations tax credit for purchases of shares of provincially registered labour-sponsored venture capital corporations for the 2016 and subsequent taxation years; and
(m) introducing changes consequential to the introduction of the new 33% individual tax rate.
Part 1 implements other income tax measures confirmed in the March 22, 2016 budget by
(a) amending the anti-avoidance rules in the Income Tax Act that prevent the conversion of capital gains into tax-deductible intercorporate dividends;
(b) qualifying certain costs associated with undertaking environmental studies and community consultations as Canadian exploration expenses;
(c) ensuring that profits from the insurance of Canadian risks remain taxable in Canada;
(d) ensuring that the dividend rental arrangement rules under the Income Tax Act apply where there is a synthetic equity arrangement;
(e) providing specific tax rules in respect of the commercialization of the Canadian Wheat Board, including a tax deferral for eligible farmers;
(f) permitting registered charities and registered Canadian amateur athletic associations to hold limited partnership interests;
(g) providing an exemption to the withholding tax requirements for payments by qualifying non-resident employers to qualifying non-resident employees;
(h) limiting the circumstances in which the repeated failure to report income penalty will apply;
(i) permitting the sharing of taxpayer information within the Canada Revenue Agency to facilitate the collection of certain non-tax debts; and
(j) permitting the sharing of taxpayer information with the Office of the Chief Actuary.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 22, 2016 budget by
(a) adding insulin pens, insulin pen needles and intermittent urinary catheters to the list of GST/HST zero-rated medical and assistive devices;
(b) clarifying that GST/HST generally applies to supplies of purely cosmetic procedures provided by all suppliers, including registered charities;
(c) relieving tax to ensure that when a charity makes a taxable supply of property or services in exchange for a donation and an income tax receipt may be issued for a portion of the donation, only the value of the property or services supplied is subject to GST/HST;
(d) ensuring that interest earned in respect of certain deposits is not included in determining whether a person is considered to be a financial institution for GST/HST purposes; and
(e) clarifying the treatment of imported reinsurance services under the GST/HST imported supply rules for financial institutions.
Part 2 also implements other GST/HST measures confirmed in the March 22, 2016 budget by
(a) adding feminine hygiene products to the list of GST/HST zero-rated products; and
(b) permitting the sharing of taxpayer information in respect of non-tax debts within the Canada Revenue Agency under certain federal and provincial government programs and in respect of certain programs where information sharing is currently permitted under the Income Tax Act.
Part 3 implements certain excise measures proposed in the March 22, 2016 budget by
(a) ensuring that excise tax relief for diesel fuel used as heating oil or to generate electricity is targeted to specific instances; and
(b) enhancing certain security and collection provisions in the Excise Act, 2001.
Part 3 also implements other excise measures confirmed in the March 22, 2016 budget by permitting the sharing of taxpayer information in respect of non-tax debts within the Canada Revenue Agency under certain federal and provincial government programs and in respect of certain programs where information sharing is currently permitted under the Income Tax Act.
Division 1 of Part 4 repeals the Federal Balanced Budget Act.
Division 2 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,
(a) replace “permanent impairment allowance” with “career impact allowance”;
(b) replace “totally and permanently incapacitated” with “diminished earning capacity”;
(c) increase the percentage in the formula used to calculate the earnings loss benefit;
(d) specify when a disability award becomes payable and clarify the formula used to calculate the amount of a disability award;
(e) increase the amounts of a disability award; and
(f) increase the amount of a death benefit.
In addition, it contains transitional provisions that provide, among other things, that the Minister of Veterans Affairs must pay, to a person who received a disability award or a death benefit under that Act before April 1, 2017, an amount that represents the increase in the amount of the disability award or the death benefit, as the case may be. It also makes consequential amendments to the Children of Deceased Veterans Education Assistance Act, the Pension Act and the Income Tax Act.
Division 3 of Part 4 amends the sunset provisions of certain Acts governing federal financial institutions to extend by two years, namely, from March 29, 2017 to March 29, 2019, the period during which those institutions may carry on business.
Division 4 of Part 4 amends the Bank Act to facilitate the continuance of local cooperative credit societies as federal credit unions by granting the Minister of Finance the authority to provide transitional procedural exemptions, as well as a loan guarantee.
Division 5 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things, broaden the Corporation’s powers to temporarily control or own a domestic systemically important bank and to convert certain shares and liabilities of such a bank into common shares.
It also amends the Bank Act to allow the designation of domestic systemically important banks by the Superintendent of Financial Institutions and to require such banks to maintain a minimum capacity to absorb losses.
Lastly, it makes consequential amendments to the Financial Administration Act, the Winding-up and Restructuring Act and the Payment Clearing and Settlement Act.
Division 6 of Part 4 amends the Office of the Superintendent of Financial Institutions Act to change the membership of the committee established under that Act so that the Chairperson of the Canada Deposit Insurance Corporation is replaced by that Corporation’s Chief Executive Officer. It also amends several Acts to replace references to that Chairperson with references to that Chief Executive Officer.
Division 7 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to authorize an additional payment to be made to a territory, in order to take into account the amount of the territorial formula financing payment that would have been paid to that territory for the fiscal year beginning on April 1, 2016, if that amount had been determined using the recalculated amount determined to be the gross expenditure base for that fiscal year.
Division 8 of Part 4 amends the Financial Administration Act to restrict the circumstances in which the Governor in Council may authorize the borrowing of money without legislative approval.
Division 9 of Part 4 amends the Old Age Security Act to increase the single rate of the guaranteed income supplement for the lowest-income pensioners by up to $947 annually and to repeal section 2.‍2 of that Act, which increases the age of eligibility to receive a benefit.
Division 10 of Part 4 amends the Special Import Measures Act to provide that a finding by the President of the Canada Border Services Agency of an insignificant margin of dumping or an insignificant amount of subsidy in respect of goods imported into Canada will no longer result in the termination of a trade remedy investigation prior to the President’s preliminary determination. It also provides that expiry reviews may be initiated from a date that is closer to the expiry date of an anti-dumping or countervailing measure and makes amendments related to that new time period.
Division 11 of Part 4 amends the Pension Benefits Standards Act, 1985 to combine the authorities for bilateral agreements and multilateral agreements into one authority for federal-provincial agreements, and to clarify that federal-provincial agreements may permit the application of provincial legislation with respect to a pension plan.
Division 12 of Part 4 amends the Employment Insurance Act to, among other things,
(a) increase, until July 8, 2017, the maximum number of weeks for which benefits may be paid to certain claimants in certain regions;
(b) eliminate the category of claimants who are new entrants and re-entrants; and
(c) reduce to one week the length of the waiting period during which claimants are not entitled to benefits.
Division 13 of Part 4 amends the Canada Marine Act to allow the Minister of Canadian Heritage to make payments to Canada Place Corporation for certain celebrations.
Division 14 of Part 4 amends the Jobs, Growth and Long-term Prosperity Act to authorize the Minister of Infrastructure, Communities and Intergovernmental Affairs to acquire the shares of PPP Canada Inc. on behalf of Her Majesty in right of Canada. It also sets out that the appropriate Minister, as defined in the Financial Administration Act, holds those shares and authorizes that appropriate Minister to conduct, with the Governor in Council’s approval, certain transactions relating to PPP Canada Inc. Finally, it authorizes PPP Canada Inc. and its wholly-owned subsidiaries to sell, with the Governor in Council’s approval, their assets in certain circumstances.
Division 15 of Part 4 amends the Canada Foundation for Sustainable Development Technology Act to modify the process that leads to the Governor in Council’s appointment of persons to the board of directors of the Canada Foundation for Sustainable Development Technology by eliminating the role of the Minister of Natural Resources and the Minister of the Environment as well as the consultative role of the Minister of Industry from that process. It also amends the Budget Implementation Act, 2007 to provide that a sum may be paid out of the Consolidated Revenue Fund to the Foundation on the requisition of the Minister of Industry and to clarify the maximum amount of that sum.

Bill C-15—Time Allocation Motion

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

It is my duty to interrupt the proceedings at this time and put forthwith the question on the motion now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

In my opinion the nays have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #50

Budget Implementation Act, 2016, No. 1.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

I declare the motion carried.

I wish to inform the House that because of the proceedings on the time allocation motion, government orders will be extended by 30 minutes.

The House resumed from May 9 consideration of the motion that Bill C-15, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, be read the second time and referred to a committee, and of the amendment.

Second Reading

[The Assistant Deputy Speaker (Mr. Anothony Rota), Liberal, Anthony Rota]

Resuming debate. The hon. member for Cloverdale—Langley City has five minutes remaining in his time for debate.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, in continuing to address Bill C-15, it is not every day that I begin by speaking about feminine hygiene products. However, the redressing of unequal taxation of essential goods is an important issue for all Canadians. Currently, feminine hygiene products are subject to GST and HST as goods that are considered to be non-essential. I think we can all agree that this is a misguided policy, and if not sexist, it at least is based entirely outside the experience of Canadians. I am proud to say that Bill C-15 would rectify this disproportionate taxation of women by removing the GST-HST on feminine hygiene products.

The next measure of budget 2016 that I will address is division 2 at part 4, which amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act. I wish to highlight five key improvements.

First, the bill would replace the permanent impairment allowance with the career impact allowance to better support veterans who have had their career options limited by a service-related illness or injury.

Second, it would increase the percentage in the formula used to calculate the earnings loss benefit. This benefit would provide income replacement of 90% of gross pre-release military salary for injured veterans who are participating in a Veterans Affairs Canada rehabilitation or vocational assistance program for those who have injuries preventing them from suitable and gainful employment. The benefit would also keep up with inflation and not be capped at 2% indexation.

Third, the act would specify when a disability award becomes payable and clarify the formula used to calculate the amount of a disability award.

Fourth, the disability award would be indexed to inflation, in line with other new veterans charter benefits, and higher awards would be paid retroactively to all veterans who have received an award since the introduction of the new veterans charter in 2006.

Fifth, the act would also improve the Last Post Fund to provide financial assistance to the estates of eligible deceased veterans toward the cost of burial and funeral services. The estate exemption for families of low-income veterans would also be increased from roughly $12,000 to $35,000.

Canada's veterans deserve our care, compassion, and respect. The above measures would greatly improve income support to disabled veterans, including both veterans transitioning to the civilian workforce and those with injuries preventing them from suitable and gainful employment.

However, our government's support for veterans does not stop there. Over the next year, in consultation with the veterans community, the government will work to find a way to better streamline and simplify the system of financial support programs currently offered by Veterans Affairs Canada and National Defence for veterans and their families.

In addition to helping young Canadians, middle-class families, and our respected veterans, the government is committed to supporting Canada's seniors.

Single seniors are at nearly three times the risk of living at a lower income than seniors generally, which is why budget 2016 aims to increase the single rate of the guaranteed income supplement for the lowest-income pensioners by up to $947 annually. This enhancement would more than double the current maximum guaranteed income supplement top-up benefit and would represent a 10% increase in the total maximum guaranteed income supplement benefits available to the lowest-income single seniors.

Additionally, budget 2016 will repeal section 2.2 of the Old Age Security Act, which increases the age of eligibility to receive old age security and guaranteed income supplement benefits from 65 to 67. This is a good move.

Budget 2016 also addresses a concern that some of my constituents have brought forward, which is additional support for senior couples living apart. Many times senior couples have to live apart for reasons beyond their control, including long-term health care, which results in higher costs of living and an increased risk of living in poverty. The current system provides recipients with guaranteed income supplement benefits based on their individual incomes. However, budget 2016 would extend this treatment so that couples also receive allowance benefits.

Budget 2016 puts people first and delivers the help that Canadians need now, not a decade from now. It is an essential step to restoring prosperity to the middle class. When we have an economy that works for the middle class, we have a country that works for everyone.

Budget 2016 reflects a new approach for the government, one that offers immediate help to those who need it most and sets the course for growth for all Canadians. With the implementation of budget 2016, the Government of Canada is investing for the years and decades to come. We are investing for our seniors, our veterans, our children, and grandchildren, so that we all may enjoy a more prosperous and hopeful Canada.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, I thank my colleague for his intervention on this very important bill, and would like to ask him a question with respect to the current situation of limiting debate.

I would also like to first pay tribute to Judy Wasylycia-Leis, who was in Parliament for many years as a New Democrat, for pushing for the elimination of taxes on women's hygiene products and for her ongoing efforts basically going back to the early 1990s. She deserves a lot of credit for what is finally taking place here today.

I would like to ask the member this. With respect to the budget bill and the time allocation that has been put on it, why is it necessary, when spending almost $200 billion in this budget, to limit debate to only a few mere hours? Would it not be a healthier and more wholesome debate if members from all ridings were allowed to participate in the House and chamber? The current circumstances eliminate that.

[John Aldag, Liberal, Cloverdale—Langley City, BC]

Mr. Speaker, as we heard this morning, Canadians have been talking about what is in the budget since the beginning of the campaign. We were elected to bring forward the many commitments included in Bill C-15. There has been a lot of discussion. Members have been talking about this over the last couple of days. Our government feels it is time to move forward with the implementation of the bill and the very important measures contained in it.

We made promises, such as the Canada child benefit, that are very important to Canadians. My constituents are looking forward to that. We need the bill in place so we can start paying those benefits to Canadians in July. Therefore, I support moving forward with the vote to get this bill in play.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I am very disappointed that closure has been invoked on this bill. I did some research on the past traditions of parliament and in a 40-year period, closure was invoked 7 times. Unfortunately, under the previous government, in a four-year period, closure was invoked 100 times. I had hoped that in this new Parliament we would not see the use of closure, and I certainly hope it will be rare. I lament its use in this case because I do not see the urgency. We should be debating this properly.

Given that some measures in the bill are eagerly awaited and others could take their time, is there any one particular item that requires the risk of bringing back to this place a routine use of a measure that is an affront to democratic debate in Parliament?