An Act to amend the Pension Benefits Standards Act, 1985

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Bill Morneau  Liberal

Status

Second reading (House), as of Oct. 19, 2016
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Pension Benefits Standards Act, 1985 to provide a framework for the establishment, administration and supervision of target benefit plans. It also amends the Act to permit pension plan administrators to purchase immediate or deferred life annuities for former members or survivors so as to satisfy an obligation to provide pension benefits if the obligation arises from a defined benefit provision.

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.

Opposition Motion—Minister of Finance and Conflict of Interest ActBusiness of SupplyGovernment Orders

October 23rd, 2017 / 12:15 p.m.


See context

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, I appreciate the motion before us. I know the member has raised concerns about Bill C-27.

Over the weekend, the Parliamentary Secretary to the Minister of Finance was trying to clean up, I guess, the minister's mess. In regard to that, a question was asked whether the minister had profited from his position by putting forward Bill C-27. Of course, the parliamentary secretary said no.

However, would the member not agree that efficient market theory says that all information that is publicly available is immediately valued into the price of a stock? Therefore, does the member believe the minister has profited on the pension legislation by the corporate structure he has undertaken by holding those shares in Morneau Shepell?

Opposition Motion—Minister of Finance and Conflict of Interest ActBusiness of SupplyGovernment Orders

October 23rd, 2017 / noon


See context

NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

moved

That, given the Minister of Finance:

(a) after being elected to Parliament in 2015, led Canadians to believe that he had placed his shares in Morneau Shepell into a blind trust, while never having done so;

(b) used a loophole in the Conflict of Interest Act to place his shares in a private numbered company instead of divesting them or placing them in a blind trust;

(c) on October 19, 2016, sponsored Bill C-27, An Act to amend the Pension Benefits Standards Act, 1985, a bill that would reasonably be expected to profit Morneau Shepell and the Minister of Finance in light of his continued ownership of shares in Morneau Shepell through a company he controls;

(d) was and remains in charge of regulating the pension industry in which he has had a personal economic interest; and

(e) has failed to live up to the ethical standards set forth by the Prime Minister in his mandate letter to the Minister;

the House call on the Minister of Finance to apologize to the House and to Canadians for breaking their trust, and the House call on the government to immediately close the loopholes in the Conflict of Interest Act as recommended by the Conflict of Interest and Ethics Commissioner, in order to prevent a Minister of the Crown from personally benefiting from their position or creating the perception thereof.

Mr. Speaker, I will start by suggesting the brilliant idea that I should split my time with my friend, the member for Rimouski-Neigette—Témiscouata—Les Basques. This is the best idea I may have had all week.

This incredibly important motion the New Democrats are raising today is of the most serious nature. This is what some have referred to as a motion of censure. This is not a task we take lightly and is borne directly out of the respect we have for this place, out of an understanding of the role cabinet ministers play, and the important role they play in the lives of Canadians. In order to play that role, they require the trust of Canadians and must conduct themselves in the highest ethical standard.

The Prime Minister gave an explicit order to his cabinet ministers that they would not just follow the letter of the law when it came to ethical behaviour, but they would go beyond that to fully encompass the spirit of the law of conflict of interest. He also ordered his cabinet ministers to make fully public their personal assets and their controlling interests “to be above and beyond” reproach. This clearly has not been the case.

Let us start with the facts of the matter. It is always important, when setting out an argument, to talk about what we know to be true. In 2015, after being elected to Parliament, the Minister of Finance led Canadians to believe he had placed his shares in Morneau Shepell into a blind trust. He told this to the CBC, he let it be known to his former company, Morneau Shepell, and he indicated that to colleagues in the Liberal Party. Beyond that, for two years, when this mistruth was repeated publicly on social media by Liberals and others, he allowed that mistruth to exist. That is a fact.

The second fact is that the minister exploited a loophole within the Conflict of Interest Act that allowed an individual to place his or shares in a private numbered company, instead of divesting them or placing them into a blind trust. That is now known as a fact. That was only revealed by the media digging and finding out the reality and the truth.

The third fact is that on October 19, 2016, the minister sponsored a bill. The same Minister of Finance, under his name, sponsored Bill C-27, an act to amend the Pension Benefits Standards Act, 1985, work in which Morneau Shepell, his former company, the company he still had shares in and derived benefit from, receiving payment cheques on a monthly basis, almost in excess of his yearly salary as a member of Parliament, would directly benefit. Morneau Shepell had done work in this field of pensions, with a great amount of benefit to the company. This bill, by the way, not parenthetically I suppose, does great harm to the pension security of Canadians by passing the risk from a shared view between the employer and the employee, almost entirely to the employee. He sponsored the bill, a bill that his company, which he still had assets in, and he would have directly benefited from.

The fourth fact is the minister remains to this day in charge of regulating the pension industry in which he has had a personal economic interest, and remains with a personal economic interest. The Prime Minister, as we note in our opposition day motion here, called upon the Minister of Finance to live up to a very high ethical standard, not just the explicit minimum. The Prime Minister explicitly told cabinet ministers they had to divulge, to full public disclosure, their personal assets. That was not done in either case.

We call on two specific things, because we do not just seek to point out the facts of the case, we also seek to make things better.

The first thing is that if the Minister of Finance, and the government, is truly interested in attempting to restore the trust lost between his office, between him and the business community, and the larger Canadian public, it would seem to me that an apology is in order. One of the hardest things in politics may be to say “I'm wrong and I'm sorry. I was wrong to exploit this loophole. I apologize for having done it. I will make amends the following way.”

I was personally surprised, and I have heard this from many Canadians over the weekend, that the Minister of Finance's tone last week was “How wonderful am I. Look at me now, divesting, maybe eventually, my interests in an industry in which I will continue to regulate. How wonderful am I that I allowed this lie to exist for two years in the public, that I never corrected it, and that I will still not apologize for. How wonderful am I that when the media asks for more information, I say I am not accountable to you.”

EthicsOral Questions

October 20th, 2017 / 11:30 a.m.


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Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, that was not the question.

In October last year, the finance minister himself introduced Bill C-27, which would set up the same target benefit plans that he previously called for as executive chair of Morneau Shepell. The minister's family company called the bill a “positive step” and not surprisingly, welcomed its introduction. The fact is the finance minister's billion dollar family company will benefit directly from Bill C-27.

So again, specifically and clearly: why did the finance minister not recuse himself from discussions about Bill C-27?

EthicsOral Questions

October 20th, 2017 / 11:30 a.m.


See context

Conservative

Shannon Stubbs Conservative Lakeland, AB

Mr. Speaker, in 2013 when the current finance minister was the executive chair of Morneau Shepell, he said, “We need legislation enabling Target Benefit Plans”. Then, once he became finance minister, he introduced that legislation. The finance minister has been receiving tens of thousands of dollars a month from Morneau Shepell the entire time. That is a really obvious conflict. Why did the finance minister not recuse himself from discussions about Bill C-27?

EthicsOral Questions

October 20th, 2017 / 11:30 a.m.


See context

Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, if he answered our questions, we would not have to be so noisy.

It took two years for the finance minister to carry out his plan, which he announced in 2013, to change the law so that his firm could make millions of dollars. That is how long it took for the minister to personally profit from a decision made by his government. Now, two years and millions of dollars later, the minister is telling us that he will sell his shares.

Does he take us for complete idiots? Does the Minister of Finance realize that this fairy tale for visionary millionaires is entirely unethical? Did he recuse himself from matters relating to Bill C-27, yes or no?

EthicsOral Questions

October 20th, 2017 / 11:25 a.m.


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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, this week, Canadians witnessed something never before seen in federal politics.

They watched as the Minister of Finance floundered around on Monday, Tuesday, Wednesday, and Thursday. He was caught red-handed attempting to get small business owners, their employees, and farmers to foot the bill for his deficit spending.

We also discovered that he pocketed millions thanks to a bill he himself introduced, which is indisputably unethical.

Now that he has collected his bonus, will the Minister of Finance tell us if he participated in cabinet decisions about Bill C-27?

Fiona Price As an Individual

Good morning. My name is Fiona Price. I'm here as one member of 180,000 National Association of Federal Retirees. I'm the vice-president of Peel-Halton, number 34.

Today I speak to Bill C-27, the act to amend pension benefits.

The suggested change causes trepidation. Will it affect those of us who are already retired? When we became government employees, we signed on in good faith and agreed to deferred compensation in exchange for our employment. To imply now that you are going to change how our monies are to be returned to us, after we have retired on a fixed income, is not in good faith. It's improper.

In 2015 Prime Minister Trudeau clearly promised our association in a letter to the then-president that defined plans, which “have already been paid for by employees and pensioners, should not be retroactively changed”. This seems to have been forgotten.

Retirement income security is essential for those of us who are already retired. Going forward, if you want to change the program, there will be no surprise to the younger generations signing on to work for the government, and they will be allowed to plan accordingly, as we did.

This topic also lends itself to ask that a minister for seniors be created, as we do need a dedicated voice advocating on our behalf. Seniors are the largest-growing demographic in Canada, contributing more than ever to our communities and economies.

I thank you for your time.

EthicsOral Questions

October 19th, 2017 / 2:35 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, Morneau Shepell thought that the Minister of Finance had placed his shares in a blind trust. We all thought he had placed his shares in a blind trust. He had not done that and in fact he was enacting legislation that would directly benefit him and Morneau Shepell.

I have a different question. Maybe the minister will answer this. At any time, did the minister discuss Bill C-27 with Morneau Shepell while he was the finance minister? At any time, did they discuss this bill?

EthicsOral Questions

October 19th, 2017 / 2:30 p.m.


See context

Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, in 2013, the executive chair of Morneau Shepell said, “We need legislation enabling Target Benefit Plans...in all Canadian jurisdictions”, so he made it happen. He became the Minister of Finance and he tabled the legislation himself. To make this conflict much worse, Morneau Shepell continued to pay that minister tens of thousands of dollars a month.

The question the minister has not answered is this. Why did he not recuse himself around discussions about Bill C-27?

EthicsOral Questions

October 19th, 2017 / 2:30 p.m.


See context

Conservative

Maxime Bernier Conservative Beauce, QC

Mr. Speaker, this government was elected on a promise of transparency and we are getting quite the opposite today.

The Minister of Finance and his company, Morneau Shepell, have benefited from the minister's actions. His company made money and the minister still holds shares in that company. He introduced Bill C-27, which directly increased profits at Morneau Shepell.

My question is simple: when did the Minister of Finance inform the Prime Minister that he was in conflict of interest and when did he recuse himself from any discussion on this bill?

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, in the few days after he personally introduced Bill C-27, a bill designed to attack the pensions of Canadians and help firms like Morneau Shepell, the value of Morneau Shepell stocks increased by 4.8%. For the finance minister's personal holdings, that represented a profit of over $2 million in just five days. That is more money than the average Canadian makes in a lifetime of work.

The minister constantly talks about serving the public. How does pocketing millions of dollars from his work as the minister do anything but serve himself?

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

Mr. Speaker, if he had such confidence in what he was doing, then why did he mislead all of his colleagues?

According to our information, in the five days following the introduction of Bill C-27, which will directly benefit Morneau Shepell and is a bill sponsored by the Minister of Finance himself, stocks in Morneau Shepell went up 4.8%. The Minister of Finance would have made more than $2 million profit on his shares.

He is an intelligent person. Does he not find there is perceived conflict of interest, since he was in a position to personally benefit from his own actions?

Ron Watt As an Individual

Thank you, and good morning.

My name is Ron Watt. As you may have guessed, I'm a senior and I worked for the Canadian public service for 35 years. When I retired, I joined an organization that is now known as the National Association of Federal Retirees. I joined here in Windsor, am a proud member, and I continue to serve as the past president of that organization. We have about 850 members locally, and nationally we have about 180,000. That includes 60,000 ex-military personnel.

Today we have three points that we would like to leave you with for your consideration in the 2018 budget: one, secure retirements; two, strong health care; and three, a national seniors strategy. We feel these are the best ways to help seniors and their families.

On retirement security, I urge the government to scrap Bill C-27. This bill would introduce a new type of pension plan and target benefit pensions, while taking away retirement security and killing off a good defined benefit plan that people have worked for and that bring benefits back to their communities and their families.

For budget 2018, I believe the federal government should lead a national seniors strategy that builds on the home care and seniors housing investments that have been made so far. The strategy needs to include a national palliative and end-of-life care strategy and better pharmacare for seniors, and it must continue to tackle infrastructure investments with age-friendly communities and universal design standards in mind. To ensure residential needs are met, the government should appoint a minister responsible for seniors. This would allow public policy to be heard that impacts our age group.

In summary, these actions would lead to better productivity and a stronger economy, not just for seniors but for their families and Canadian communities.

Thank you for giving us the opportunity to appear. Good luck with your ongoing work.

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, everyone knows that Bill C-27 furthers the private interests of the finance minister. The Conflict of Interest Act states that a minister is in a conflict “when he or she exercises an official power...to further his or her private interests or those of his or her relatives”.

Will the Prime Minister just admit that his Minister of Finance has violated the Conflict of Interest Act, or is he just too busy working hard for the French villa owners, or those who are working hard to become French villa—

Scott Duvall NDP Hamilton Mountain, ON

Certainly not supporting the middle class that is for sure, Mr. Speaker.

Workers at Sears Canada are very worried about whether their pensions will be protected, but guess who has been appointed to administer the Sears Canada pension plan? Morneau Shepell. This is a company that advocates transferring more risks from employer to employee.

The government promised it would fix our bankruptcy laws but it has done nothing.

Furthermore, if Bill C-27 becomes law, the finance minister will profit off workers getting stuck with weak pensions.

I have a simple question for the Prime Minister. Is this the real change he promised working Canadians?