Bill C-274 (Historical)

An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation)

This enactment amends the Income Tax Act in order to provide that, in the case of qualified small business corporation shares and shares of the capital stock of a family farm or fishing corporation, siblings are deemed not to be dealing at arm’s length and to be related, and that, under certain conditions, the transfer of those shares by a taxpayer to the taxpayer’s child or grandchild who is 18 years of age or older is to be excluded from the anti-avoidance rule of section 84.‍1.

[Lindsay Mathyssen, NDP, London—Fanshawe, ON]

Thank you, Mr. Chair.

I want to back things up a little and go back into the history of this bill. As Ms. Dzerowicz mentioned, there were several iterations of it. Of course I refer to the NDP version of this, Bill C-274, which was actually voted against by this government, and which we were told would not pass.

However, after the election, in budget 2019, it was indicated that a similar piece of legislation would come forward to help farmers, small businesses and fishing businesses, and in fact it was also in the minister's mandate letter from the Prime Minister.

Can you indicate to this committee what plans and what directions were received from government, from the minister as directed by the PMO, to put forward this legislation? I think, to build upon what my colleague Mr. Ste-Marie was discussing, with all of that time and with those plans in place, why were a lot of the amendments that came forward under Bill C-208 not prepared for legislation?

Income Tax Act

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, it is a great honour to be standing virtually in the House and speaking to Bill C-208. I would like to thank the member for Brandon—Souris for being the sponsor of this bill. He is the latest in a fairly long line of MPs who have been trying to achieve this legislative proposal.

I was present in the 42nd Parliament when my former colleague, Guy Caron, brought in Bill C-274, and I remember his passionate speech in the House of Commons during its second reading. He was trying to illustrate the reasons why that legislation was so important. It was great to witness that speech, but ultimately it was very disappointing to see the vote results when the Liberal government at the time used its majority to prevent the bill from going any further.

I am glad to see this time it has been different, by virtue of the fact that we are in a minority Parliament and the opposition used its combined numbers to send this bill to the Standing Committee on Finance where it had a good airing. We got to hear from many witnesses, and ultimately the committee decided to send the bill back to us for our final consideration. It is my sincere hope that this bill will be sent off to the other place and that we can look forward to royal assent, hopefully in the near future.

When Bill C-274 was being considered in the previous Parliament, I had a meeting with the Port Renfrew Chamber of Commerce. I was given a 10-minute speaking spot during their AGM, and when I talked about Bill C-274 at that time and about what we were hoping to do, I got unanimous positive feedback from the members of that chamber. For those who do not know, Port Renfrew is on the southwest coast of Vancouver Island. Many people there depend on fishing for their livelihoods. They are either commercial fishermen or are in sport fishing, so they have small fishing corporations. To have the ability put forward to transfer their businesses to family members really meant a lot to them. There was overwhelmingly positive feedback. I ultimately had to give them bad news, but here we are with a real opportunity to try to bring about some positive change.

This bill is pretty much tailor-made for the types of small businesses that exist in the riding I represent, Cowichan—Malahat—Langford. Like so many members before me, I want to acknowledge the pain and suffering that small businesses have gone through over the last year. I think it is incumbent upon us not only to have support programs to help them through the pandemic, but also to bring about long-term systemic change to important statutes such as the Income Tax Act, so that we can make their business operations and their succession planning that much easier.

My riding is dominated by farming as well. Here in the Cowichan Valley we have a beautiful climate. It is, I think, Canada's only Mediterranean climate and we have a very long and storied agricultural history. We have generational family farms here. Some have the fifth generation of a family farming the same plot of land. If we can bring about legislative change that makes succession easier and gives them peace of mind, I think we are doing a good thing.

I also want to give a shout-out to the five chambers of commerce in my riding: Chemainus, Cowichan Lake District, Duncan Cowichan, Port Renfrew and WestShore. They have all been incredible advocates for their members. I have been staying in touch with them quite consistently over the last year and their feedback during this pandemic has been invaluable in helping me, as a member, advocate on their behalf in Ottawa to make sure that the federal government's policies and programs are reflecting their needs.

I will concentrate mostly on family farms, given the nature of my riding and the fact that I am the NDP's critic for agriculture and agrifood. When we look at family farms, we are looking at $50 billion in farm assets that are set to change hands over the next 10 years. History has shown us that roughly 8,000 family farms have disappeared over the last decade.

The National Farmers Union has done an incredible report on the status of Canada's farms, called “Tackling the Farm Crisis and the Climate Crisis”. It not only looks at agriculture in the context of climate change, but also the financial footing that many farms are on and how shaky it is. According to the NFU, Canadian farm debt has doubled since the year 2000. That is in 21 short years. It was listed at $106 billion in 2019.

Many farms have to chase income from off-farm work, taxpayer support programs and other farm sources. That is just a reality for so many small farms. What is really concerning is that we have lost two-thirds of our young farmers since 1991. The family farm is pretty much being systematically destroyed in Canada, and we need to put measures in place that are going to help.

Why is Bill C-208 so important? The owners of small businesses, family farms and fishing operations who want to retire want to be able to sell to their children because it is often their children who have been brought up in the family business and on the family farm. From a young age they have learned the culture of the business and what it does, and they often have a lot invested in that business continuing to succeed. The next generation often has very important ideas about where to take that business.

When parents decide to sell their business to their children, the difference between the sale price and the price originally paid is currently considered a dividend, but if they sell their business to an unrelated individual or corporation it is considered a capital gain. Unlike capital gains, a divided does not include the right to a lifetime exemption and is taxed more heavily. We can make a measurable improvement in allowing families to pass on businesses that might have been part of a family for generations to their children, making it easier for that work to get done.

I want to recognize the work done at the Standing Committee on Finance. I appreciate the witnesses who appeared. Many of them also appeared at the agriculture committee. We heard important testimony from the CFIB, the Grain Growers of Canada, L'Union des producteurs agricoles and, of course, the Canadian Federation of Agriculture, which has been such an incredibly important voice for farmers from coast to coast to coast.

They noted at committee that the average age of Canadian farmers is now above 55, and the opportunities these businesses face will carry into the next generation. It is a sector in which the vast majority of businesses remain family owned, and maintaining the financial health of those businesses across generations is critical. At committee, the CFA very clearly said that it supported Bill C-208 because it would ensure that real family farm transfers could access the same capital gains treatment as businesses selling to unrelated parties, rather than treating the difference as a dividend that was taxed at a higher rate and not being able to access the lifetime capital gains exemption.

We have an important opportunity before us. During the vote at second reading, I was sad to see that 145 Liberal MPs voted against this bill. Two Liberal MPs supported it. It is my sincere hope that when this bill comes to a final vote to be sent to the Senate, Liberals can finally see this as an important opportunity and can represent the interests of small businesses, family farms and fishing corporations by making this much-needed change to the Income Tax Act and doing right by their constituents.

I, for one, will be proud to vote in favour of Bill C-208 and send it on its journey. I look forward to the day when we can finally see it receive royal assent.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Thank you.

I would like to talk about an article published in the March 30, 2017 edition of the Journal de Montréal, during a debate on Bill C-274 introduced by New Democrat Guy Caron. The article mentions this bill introduced by the NDP and rejected by the Liberals, but I want to point out that my colleague Xavier Barsalou-Duval introduced in 2016 Bill C-275, which had the same objectives.

The Journal de Montréal article I am talking about says that the Liberals opposed the bill under the pretext that its implementation would cost between $800 million and $1.2 billion. They were then rebuffed by the Parliamentary Budget Officer who, as the taxpayers' watchdog, estimated that the annual cost would rather be between $163 million and $273 million. Those amounts are much lower than those the Trudeau government used to oppose the bill.

Mr. Kelly, do you think the numbers put forward are still realistic? How much do you think that kind of a measure would cost? In addition, what businesses would benefit most from it?

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, I am honoured to rise today in support of Bill C-208 introduced by my hon. colleague, the member for Brandon—Souris, to amend the Income Tax Act to facilitate the transfer of small businesses or family farms or fishing corporations.

We already knew how important this issue was when this bill was introduced for first reading in February 2020. Who would have thought that, barely a month later, COVID-19 would come along and drastically change the landscape for Canada's SMEs?

As an entrepreneur and representative of a region that consistently ranks as one of the most entrepreneurial areas in the country, I was very sad to see the latest survey that the Canadian Federation of Independent Business, or CFIB, released last week, warning that 181,000 small business owners in Canada were considering closing their businesses. That means one in five businesses could close down, despite all the programs and billions of dollars spent by different levels of government and the support services we have provided in our respective ridings.

This is a frightening prospect, since 2.4 milion jobs are at risk if the pandemic continues, which is why I want to reiterate how important it is that the government do whatever it takes to fix the vaccine supply problem. We cannot sit back and wait until 2022. After all, we are barely into 2021.

Workers in the tourism and cultural sector are very much on my mind. Last year was devastating for them. The federal government really needs to get creative with its vaccine strategy, and it needs to do it fast so we can at least hope for some degree of recovery for the sector this summer.

September is too late, and 2022 is even worse. Until very recently, small and medium-sized businesses were the backbone of our economy. They created more than 77% of all new jobs between 2002 and 2012. As a Conservative, I am very proud of the Harper government for creating an environment that helped SMEs grow by reducing the corporate tax rate from 22% to 15%, lowering the small business tax rate to 11%, and increasing the income limit for applying this tax rate from $300,000 to $500,000.

As a business owner who created nearly 30 printing and communications jobs in my region, I understand the importance of ensuring our tax system encourages entrepreneurship.

It is important to understand what motivates entrepreneurs to risk all of their savings and their financial security to set up or buy a new business. People go into business for a variety of reasons. Some are motivated by their passion, while others see a service gap in their community that needs to be filled. However, most people go into business to provide for their family, with the hope that, one day, their children will be able to take over the business and build a better future.

In my case, I intend to one day transfer my family business to my daughter, of whom I am obviously very proud. However, I was very surprised to learn that, under the existing Income Tax Act of Canada, it would be better for me to sell my business to a stranger than to a member of my own family. When a business is sold to a family member, the difference between the sale price and the original price of the business is considered a dividend and is taxable at 100%. However, if the sale is between two strangers, the difference is considered a capital gain, only half of which is taxed. What is more, in Canada, the lifetime capital gains exemption that normally applies to small and medium-sized businesses does not apply when the business is sold to a family member.

What message are we sending? Are we trying to discourage people from going to business? I am not the only one asking these questions. According to a 2012 CFIB study, approximately 310,000 business owners, or around 30%, planned to sell or transfer their business within five years. That figure jumped to around 550,000 within 10 years. The figure may have changed during the COVID-19 crisis, which makes passing Bill C-208 all the more urgent for the many family businesses whose future is at stake. It is already bad enough that so many businesses plan to hand their keys over to creditors during this economic crisis.

We must not allow the unfairness in the Income Tax Act to force so many small businesses to hand their keys over to the government. According to the Canadian Federation of Agriculture, “Over $50 billion in farm assets are set to change hands over the next 10 years”. That does not even include the more than 8,000 family farms that have already folded in the past 10 years. Just half of them had a succession plan. As the population ages, three in four farmers plan to retire in the next decade. We need to act quickly to fix this anomaly in the Income Tax Act to prepare for the demographic reality we are facing, in the agricultural sector especially.

That is why I support Bill C-208, introduced by my colleague from Brandon—Souris, and I urge the Liberals to do the same. I remind my colleagues that during the 42nd Parliament, we debated a similar bill that had been introduced by Guy Caron, the former member of Parliament for a riding next to mine. This is a unifying bill. This is not a left or right issue; it unites us all.

I would like to remind members that Bill C-274 received the support of the Conservative Party, the Bloc Québécois and the NDP, but was defeated by the Liberals, who had a majority at the time, because they heeded the advice of public servants rather than that of the people who elected them. Many organizations across Quebec support the bill. The Association des marchands dépanneurs et épiciers du Québec has spoken out against the current situation, and the Union des producteurs agricoles and the Board of Trade of Metropolitan Montreal both indicated that they supported the bill.

This issue was also brought to my attention during the last campaign, in 2019, when I met with UPA producers in Cap-Saint-Ignace, which is in my riding. Last Friday, I received an email from Andre Harpe of Grain Growers of Canada asking us to support Bill C-208.

I want to point out that the agriculture sector is following the debate very closely today. As the saying goes, better late than never. If the Liberal Party really wants to back SMEs, it must support this bill and pass it quickly because Bill C-208 will ensure that all these family businesses will continue to operate and remain intact by facilitating their intergenerational transfer. If this does not happen, a Conservative government will have no problem ensuring that it does.

I would add that with the speeches my colleagues made ahead of me, I think it is clear that the Liberals have no choice but to move forward and support this bill. In any event, they are in a minority. We will move forward with this bill. Whatever it may cost to implement it, not doing so would cost even more, because the value and pride that comes from handing down a family business is priceless. Considering that for the most part, all Canadian businesses started as family businesses, that they represent 90% of the Canadian economy, and that they are the backbone of Canadian entrepreneurship and businesses with fewer than 10 employees, it is essential that people be able to transfer these businesses to members of their own family without being penalized.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, many in this country are away from their loved ones, so before I get started, I note that today is my oldest daughter's 21st birthday. She is on the other side of the country, but I wish Maddie a happy 21st birthday and give her lots of love from everyone here at home.

It is always an honour to rise on behalf of the federal NDP to fight for small business. We know that small business owners are the job creators. Right now they are are creating 80% of all new jobs in our country. Bill C-208 is very important for supporting small businesses and local communities and for stopping the economic leakages from small communities in our country. These leakages often end up in the hands of large corporations because of flawed and broken tax rules that create a benefit for selling a business to those at arm's length versus a family member.

I want to thank the member for Brandon—Souris for reintroducing the bill, which shows that there is non-partisanship when it comes to supporting it. As members are well aware, the bill was first tabled as Bill C-274 by the former NDP finance critic and former member from Rimouski, Guy Caron. He fought hard, as the New Democrats continue to do, for small business.

I want to talk about what Bill C-208 would mean for small communities. We know that owners of small businesses, such as family farms and fishing businesses, as in the communities around where I live in coastal Canada, are often selling their businesses to family members. Specifically, the bill would give business owners the same rights they would normally get if they were selling to someone at arm's length. This is important, because nobody should be penalized for selling a family business to a family member, but it is happening now with the current taxation system. The bill is very important to us, and we are excited to be speaking in support of it given what it would mean to rural communities.

I cited the importance of small business for job creation. If people see a barrier to selling to someone at arm's length and will pay more tax, they will do everything they can to pay less tax. With the current structure, for example, if a person sold a family business worth $1 million to a family member, they would end up paying a dividend tax rate of about $350,000. However, if a person were to sell that same million-dollar business to a stranger, someone at arm's-length, they would end up saving $306,000 of the tax they would have paid otherwise. It makes absolutely no sense.

We want to encourage people to keep businesses in the hands of family members and encourage intergenerational business ownership, because we know that it keeps money and profits in our communities. For example, in fishing, if a person were to sell a family fishing operation to someone in their family, they would keep the quota and the jobs in the family. However, if a family member had to pay more tax, they would be more likely to sell to an international company or large conglomerate, which would hoard fishing licences and then lease them out to fishers. The same applies to farmers. Profits then leave the community at the end of the day, which is a huge economic leakage. The money is leaving the community and leaving our country in many cases, and this needs to stop.

Mr. Caron's bill tabled in the last Parliament would have supported small businesses, farmers and fishers, but it was defeated by a margin of only 12 votes. It was voted on after the government misled Parliament. The government cited that the fiscal losses would be up to $1.2 billion, but the PBO put the fiscal revenue shortfall between $126 million and $249 million. That is quite a gap. The Liberal government could have stated what it would have cost Canadians taxpayers to do the right thing to help support the sale of intergenerational businesses by not making them pay more, but instead it said the loss would be an astronomical amount of money. In fact, the PBO's numbers were somewhere between 10% and 18% of what the government had initially cited, which is a big gap.

The cost of the economic leakage and its impact on small communities across our country, and on family members, is worth the price of what we are going to lose in the long run, as we see those profits leave our communities.

We are heading into a huge period of succession in our country. A lot of small business owners belong to an aging demographic. People want to sell their businesses to their family members and keep the ownership in the community, which I assume we want to encourage. We expect over $50 billion in farm assets alone to change hands over the next 10 years, so we are heading into a huge period of succession. For farming alone it is critical that we fix this now, because we have lost 8,000 family farms in the last decade. We need to do everything we can to curb that trend because it is obviously not working for Canadians. Only half of those small business owners actually have a succession plan, while 76% of them are planning to retire over the next decade.

That is important for a lot of people who have developed and built businesses in their families. I had a business for many years. When I started it, I was not informed that if I were to sell my business to one of my three children I would be penalized with a heavy tax bill. If I sold it to someone at arm's length, I would not have incurred that same tax. It makes absolutely no sense, but most Canadians do not know that this is the current situation.

This is something we need to remedy. I hope that the government will talk about the real numbers that the PBO shared. We saw some Liberal members support the opposition in the last Parliament, so I am hoping those Liberals who decided to vote with their government's misleading information will actually support the PBO and do the right thing to support their communities and small business owners, especially those family businesses that want to maintain intergenerational ownership. In rural communities such as Courtenay—Alberni, where a large part of our main street is made up of local or small businesses, this is a really important piece to our long-term survival. We want to encourage local ownership.

Again, this bill did not pass based on misinformation in the last Parliament. The Liberals continue to make excuses on this bill. They say they will relax the rule for tax avoidance, but we want it to be done carefully to avoid these difficulties and challenges of people avoiding tax rules. If the purchaser or family member retains the shares for five years, the Canada Revenue Agency's concern is that, in the absence of a specific provision, the shares would pass from one family to another. If that five-year provision were in place, it would make that impossible. We want to make sure that we take all the excuses away from the government and alleviate the concerns of taxpayers, so that there are provisions and a system in place to protect against flipping these businesses to avoid paying taxes. This is to keep them in the hands of small business owners.

According to a 2012 CIBC study, close to 30%, or 310,000, business owners were planning to exit ownership or transfer control of their businesses by 2017, in one year alone. We do not have the recent figures. That means that a lot of businesses are changing hands right now.

I want to talk about economic leakages, because we are seeing more businesses being sold and ending up in the hands of large conglomerates. We constantly see local ownership being reduced. This kind of taxation creates a threat to local communities. We want to invest in small communities, and this is a very good way to invest in families and small communities.

Returning to closing economic leakages, we need to do everything we can. This legislation is important, but we also need to make sure that the big banks pay their share, that we cap merchant fees and that we continue to take a holistic approach to supporting small businesses. This is a good bill and I hope the government will support it as well.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Thank you, Chair.

Welcome back to the committee, Minister.

I was just reading from the Prime Minister's mandate letter, bullet point number two, which says that you are to work “with the Minister of Finance and farmers on tax measures to facilitate the intergenerational transfer of farms”.

You may recall, Minister, that in the 42nd Parliament, former MP Guy Caron had Bill C-274 which proposed doing precisely that, yet most of the Liberal caucus voted against the bill and defeated it. Why the sudden change of heart? Why are you now supporting this proposal?

Report Stage

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

Mr. Speaker, I have just 10 minutes to talk about Bill C-97, an act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures. I would have liked to have my colleague answer my question, since he had the time and it was not too complicated.

When the Liberals were in opposition and during the 2015 election campaign, they promised to stop this trend of including measures that have absolutely nothing to do with the budget in the budget and budget implementation bills. This is an undemocratic measure and practice. It forces us to vote on the budget, which is a confidence vote, and on measures that should be considered separately from the budget.

The Liberals were critical of this practice for four years, but they continue to utilize this undemocratic process.

I would like to talk about Bill C-97 and the budget in general, not necessarily about what is in the budget or the bill, but about what is not there. Over the past four years I have raised some very important issues highlighting how the Liberals did not keep their promises.

The first thing that I wanted from Bill C-97 was to see that the Minister of Finance was keeping his promise to address the issue of tax transfers for businesses and farms. The tax transfer issue is important because, at present, an individual who owns a small business or family farm and wants to transfer it to his children or a family member must pay more tax than if he transferred or sold it to a stranger or someone who is not a family member. There is a very simple reason for this. Selling to a stranger triggers a capital gain with a set of exemptions. However, the profits from the sale to children are treated as dividends and fully taxed.

In 2016, I introduced a private member's bill, Bill C-274, to address this issue. The bill sought to ensure that these two types of transactions received equal treatment and that individuals would not be at a disadvantage when selling their assets to their children.

I spent a year working on Bill C-274. I visited many areas of Canada, particularly the maritime provinces, which are represented by 32 Liberal members. I did not go to speak with MPs, but rather to speak with representatives of chambers of commerce and organizations that advocate for fishers and farmers. Everyone agrees that this legislation is necessary. I would even say that the tax treatment involved when businesses and family farms are sold or transferred is one of the top concerns of small business owners.

I worked on this for a year. At the end of that year, when it was time to begin debating the bill, I had the support of about 25 Liberal members. I had the support of the Conservatives, the Bloc Québécois and the independent members of the House. The only thing missing was the support I needed from the Liberals. I was able to get the support of at least 25 members after making citizens aware, citizens who then spoke to their MPs about it.

The bill made it through its first hour of debate, but then, before the start of the second hour, the Minister of Finance made a surprising announcement. He said that the bill was going to cost the government between $800 million and $1.2 billion in lost revenue. It was surprising because the tax specialists we hired to study the impacts of the bill estimated the tax loss at between $90 million and $100 million, which is hardly peanuts, but still an acceptable cost to insure that we level the playing field, so to say.

Clearly, these are two different price ranges. The Minister of Finance took his department's figures and successfully convinced a string of Liberal MPs that, though he understands how important this bill is for SMEs and family farms, they had to vote against it because losing $1 billion in tax revenue would be irresponsible. He promised that, by the end of this Parliament, there would be a tax measure in the budget that would truly meet those needs. He promised that.

In the meantime, there have been three budgets and five budget implementation bills. There is still nothing to deal with this inequity, this injustice that exists for owners of small business, family farms, and fish companies who want to transfer their business to their children.

I am appealing to the Liberal members who represent rural and farming regions and who have a lot of SMEs in their riding to think about the consequences of voting against Bill C-274. Once again, there is no measure in this budget bill to address the tax inequity and unfairness. That is the first thing I wanted to note. The Minister of Finance broke the promise he made to his own caucus, to correct the situation in a later budget. The election is fast approaching and this still has not been addressed. My colleagues can be sure that this issue will be raised in a number of ridings come election time. Liberal candidates will have to defend the finance minister's position, as well as his failure.

Another issue that is very important to MPs from rural areas is cell coverage. We hear a lot about investment in high-speed Internet, and clearly, there has been some. Not everyone has access, but there has been some investment. However, none of the new Liberal or Conservative programs have included measures for cell coverage, even though it is so important. In my riding, Rimouski-Neigette—Témiscouata—Les Basques, 13 of the 39 municipalities I represent have little or no cell coverage. Over 1,000 people live in the municipality of Squatec, and they have no cell coverage unless they find exactly the right spot on top of a little hill or on the second floor of the high school.

We have raised this issue repeatedly in the House. The member for Abitibi—Témiscamingue has brought it to the government's attention many times during question period. The government's answers always focus on investment in high-speed Internet. Those are two different things. Investing in high-speed Internet does not mean investing in cell coverage. Essentially, telecom companies are not interested in investing in rural regions without adequate population density. Individual companies will not risk making that investment because it could end up benefiting all the other companies. The government needs to intervene because the market has failed, but the Liberal government has done nothing for four years now.

Several members are concerned about this issue. I am thinking of the member for Laurentides—Labelle and the member for Pontiac, who represent large rural areas and who tentatively bring up this issue from time to time. We voted on a motion moved by the member for Pontiac that emphasized the urgent need for action. That is the problem right there. The government talks about the urgent need to act, but it never does, even though it is in a position to do so. If the government does not want to make the necessary investments so that rural regions and rural residents are no longer treated as second class, then concrete action needs to be taken.

If the government does not want to make real investments, it needs to think of another solution to take the responsibility for making investments away from the companies and give it to an independent Canadian agency, for example. That agency would be funded by the companies as a condition of licence, and it could make investment decisions and acquire the necessary spectrum to do so. That would ensure coverage in all of the regions that would not otherwise have it, and all of the companies that made investments could also benefit from the new coverage. That is one solution that the government could implement. Another solution would be for the government to invest in cell coverage as it did for high-speed Internet.

There are solutions. All it takes is a little goodwill. However, since we began raising this issue, I have not seen any goodwill from the Liberals in this regard.

I will not have much time to talk about the third item, but I brought it up in my question to my colleague earlier. It is the fact that the Liberals did not keep their promise to table budget bills that actually focus on budget-related issues. Instead they chose to play petty politics and try to speed through their legislative agenda by throwing in tons of measures that have nothing to do with the budget. This Liberal tactic is as politically cynical now as it was when it was first used by the Conservatives from 2011 to 2015.

For all of these reasons, I find myself unable to vote for this bill. I am happy to have had a chance to explain why.

Opportunity for Workers with Disabilities Act

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

Mr. Speaker, I would like to thank my colleague from Carleton for introducing Bill C-395. I believe that this bill addresses a gap in the tax system known as the “welfare wall”, a fairly well-known economic principle. It occurs when those who are receiving social assistance or people with disabilities, as we are talking about here, want to enter the workforce but will lose money to taxes or benefit clawbacks by doing so.

I do not think that this is a result of any level of government acting in bad faith; rather, I think it is an indication of the complexity of our tax system. It is becoming so complex that, despite our best efforts, we have introduced unintended effects into the system that penalize people who want to re-enter the labour market.

I will vote in favour of the bill at second reading so that we can study it at committee. I have questions about some aspects of the bill, such as whether the financial implications for different levels of government are those suggested. I believe that will be the case, but we will be able to do a more in-depth analysis at committee.

This is an example of the left and the right being able to work together because we have a common interest. I believe that we have the greater good at heart. We want to help people who want to work, in this case, once again, people with a disability. Support for the bill introduced by the member for Carleton has come from progressives and Conservatives, including a former representative of the Canadian Tax Foundation, the Canadian Association of Social Workers, Jack Mintz, and Ian Lee, who will never be taken for progressives, as well as the Canadian Association for Supported Employment. The entire political spectrum is represented on this long list of supporters, which clearly indicates that we have a social consensus.

I am saddened by the government's attitude. If I am not mistaken, my colleague, the parliamentary secretary, said that the government will not encourage support for this bill, at least at second reading, which I find very disappointing. The bill by the member for Carleton is clear. It would amend the Federal-Provincial Fiscal Arrangements Act. The various levels of government are subject to conditions with respect to social transfers and health transfers, and these conditions help address any problems that may arise or any issues regarding how different governments use the transfers. When the federal government is able to punish persons with disabilities who want to return to the job market, this will be addressed at the federal level, and it must also be addressed at the provincial level. I am saddened that the speech I just heard had nothing to do with the bill itself, and instead had to do with government measures, since at the end of the day, this bill is worthy of consideration.

If the bill passes, there will be three requirements. The first has to do with the Minister of Finance.

Finance Canada will be asked to calculate the level of taxation and the loss of benefits that would be incurred by the person with a disability in going back on the job market and having a job and wages. Following that, if the earned income is lowered by the effect of taxation and the loss of benefits, then Finance Canada would have to modify or amend in some form the working income tax disability supplement. The same would be asked of the provinces through that modification and the agreement between the federal government and the provincial governments for the social transfer. It is that simple. That is all that is asked here.

I do not understand why the government does not want this bill to be studied. It would complement the measures that the government announced in its latest budget.

I do not see why the government would not study this new measure, which would complement what it proposed in its last budget. At the end of the day, I worry that the government is telling us it can do better than this bill. Personally, I really doubt it.

I introduced Bill C-274 in the House of Commons to fix a specific problem with the transfer of SMEs and family farms. I managed to secure the support of many members. The Conservative Party was on board, as were the independent members and, in theory, 15 to 20 Liberal members. Then the Minister of Finance released a cost estimate for the bill. The tax specialists I had been dealing with had estimated that my bill would cost between $75 million and $100 million.

During the final week of debate, however, the government pulled a rabbit out of its hat and claimed the bill would cost between $800 million and $1.2 billion in lost revenue. That scared off a lot of Liberal backbenchers. Several of those who had initially supported the bill and acknowledged the existence of the problem my bill was trying to fix decided to vote against it.

The Department of Finance misled the members of the Liberal Party, because in a report on the fiscal impact of my bill that was published two months after the vote, the parliamentary budget officer put the fiscal revenue shortfall at about $150 million, not $800 million to $1.2 billion as the finance department led the House to believe.

The government tends to completely ignore positive legislation brought forward by the opposition, especially on fiscal matters. It is trying to undermine the members of the House by systematically refusing all opposition-led tax bills, whether they are proposed by the official opposition or other opposition parties.

In our consideration of Bill C-395, however, we are working on the particular issue of Canadians who are struggling to get over the welfare wall.

The welfare wall exists, and we need to attack it where we can, federally and provincially. It makes no sense.

My colleague, the member for Abitibi—Témiscamingue, actually showed that this is a principle that should be applied everywhere in our tax system. It should be applied, because it makes sense in terms of creating incentives for people with disabilities or people on social assistance or people who want to find an opportunity to work. We need to give them every single opportunity to do so.

Creating walls and keeping a state of affairs where people going to work actually lose money and benefits because they are going to work makes no sense. It is our duty as parliamentarians, it is our duty as people who have been elected by our constituents, to ensure that we correct these problems. The bill tabled by the member for Carleton aims to do exactly that.

I will be asking the government to look at this bill and to send it to committee to ensure that the objectives targeted by this bill would be achieved. This would actually be a positive contribution by this Parliament. It would ensure that people who want to gain some dignity by going back to work and being able to contribute socially in their communities would not be penalized and would not suffer from the shortcomings of our own legislation when we adopt tax measures provincially and federally.

I encourage all members of Parliament in this House to vote in favour of this bill and to send it to committee to try to see what we can do for people with disabilities who want to gain dignity by joining the job market.

Report Stage

[Jean-Claude Poissant, Liberal, La Prairie, QC]

Mr. Speaker, I would like to thank my colleague for her two questions.

With respect to Bill C-274, we knew that we were going to consult people on the ground before passing anything about the transfer of farms. We are currently consulting to determine what will help them the most.

As for the $250 million, we started with a first phase in which producers could apply for compensation. We received approximately 3,000 applications, but there will also be a second phase, since the $250 million has not yet been allocated in its entirety.

There is therefore more to come concerning the remainder of the $250 million.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, I am flabbergasted to hear the Parliamentary Secretary to the Minister of Agriculture talk about how the federal government is encouraging young people to get involved in agriculture, while the Liberals themselves voted against the bill introduced by our current House leader. Bill C-274 would have made it possible to transfer family businesses, especially in the agriculture and fisheries sectors. It would have made it more advantageous for farmers to transfer their land to their children than to strangers. They voted against it. They also said that they would compensate dairy farmers and cheese producers for the free trade agreements with the European Union. It took a single week for the entire $250 million to be allocated. It was done during the summer on a first-come, first-serve basis.

We can easily Imagine the number of farmers who converged on the Hill to meet with us and tell us how unfair and poorly thought out it was and that not all dairy farmers had been compensated.

How can the member opposite believe that opposing Bill C-274 and allocating such a small amount for compensation on a first-come, first-serve basis could encourage young people to get involved in agriculture?

Opposition Motion—Consultations on proposed tax changes

[Tracey Ramsey, NDP, Essex, ON]

Madam Speaker, I rise today to talk about tax fairness for the farmers and small business owners in my riding.

My riding of Essex is a rural riding with five municipalities, where towns are filled with small businesses, and the space between them is filled with gorgeous farm fields. We have some of the richest soil in Canada and the largest amount of acreage under glass in our greenhouse sector.

The hard-working people in Essex are very angry and confused by this consultation by the Liberal government, which is now officially closed. These are hard-working people who have now been told that they did something wrong, that they are tax cheats, or that they were intentionally not paying their fair share.

Paying our fair share is something that is deeply important to New Democrats. Fighting for fairness is the foundation of all of our work. Fair share is a phrase that we use with pride about our contribution to our communities. We pay taxes to our government so that we can collectively take care of each other.

Canadians place trust in the government to fairly distribute the wealth of our society so that we all benefit from services that keep our communities healthy and thriving. This is a basic tenet here in Canada. It is one of the things that I love about Canada. I ran to become an MP to protect and fight for our social services and for their equal delivery.

This is why so many people in my riding are also very proud to pay their taxes, to pay their fair share. They work hard for their families, their communities, their family traditions, and their family businesses and farms. They pay their fair share and they work to pay for the health of their community as well.

This summer when the consultations started, there was a lot of rhetoric being thrown around by the Liberal government about tax fairness. People in my riding were being told that they were cheating the system, that they were taking away from the community they love and helped to build, where they were raised and where they raised their children, instead of adding to it. Not only did they feel targeted by this language, but they were using a system that was in fact perfectly legal and one that they had been encouraged to use to grow.

They understand and support tax fairness, but the main question I get is why the Liberals brought in only these proposals in which they they are only looking at small businesses. Where was the consultation on CEO stock option loopholes, or the consultations on how we end offshoring and snow washing? The Panama papers came up quite a bit.

I understand why farmers and small business owners are angry. What I cannot understand is the Liberal government limiting the scope and the time of this debate in Canada. The government has many opportunities to bring forward real and tangible tax fairness.

I believe in tax fairness, but real tax fairness, not this limited version being proposed by the government.

Real tax fairness could have come when New Democrats stood in the House in March and introduced a motion to eliminate tax havens and the CEO stock option loophole. Why should CEOs be able to hide their salaries and stock options to keep from paying their fair share? The NDP proposed the elimination of the tax break on stock options used by rich CEOs, a loophole that costs the government and communities $800 million per year.

The government voted in favour of our motion but has done nothing to address the issue. I heard Liberals talking about the provisions in the budget that they brought forward, but they do not eliminate the loophole, and these are very different things.

Real tax fairness could have been accomplished by the Liberals if they had passed my colleague's private member's bill, Bill C-274. This legislation would have helped small business owners, like farm and fishing businesses, transfer between family members. We have a system in Canada where farmers pay less tax if they sell their family farm to a stranger than if they sell it to a family member. How on earth is that fair? Again, the government, which says on a constant basis how much it cares about farmers, voted against the bill, which would have made it fairer to succession plan, something that Canadian farm families are struggling with across the country.

I recently spoke with a farmer in my riding who told me that he and his wife had taken on payments to be able to buy the farm from his parents. They have a 16-year commitment to do this, and now they are very worried that they have made the wrong decision and will pay the price for the government's complete lack of understanding about farm management. This is not a multi-million dollar farmer. This is a family that is teaching its children how to farm and keeping our community in fresh local food.

Now, instead of using viable options to make our tax system fairer to tackle the real and serious problem of inequality, the government has put forward consultations, which are now over.

Income inequality in Canada is a real and serious issue for all. Recently, the census revealed that Canada's level of income inequality has worsened over the past 12 years. Due to past government inaction, the richest one per cent of our population has seen a 14% rise in median income. According to the census data, the richest one per cent now earns 6.8 times more than a worker earning Canada's median wage of $34,204 in 2015. The changes that the government is consulting on would do nothing to alleviate this gap. In the Windsor Essex area, the United Way says that about one-quarter of our youth live in poverty, which means that in 2013, 19,900 children under the age of 17 lived in families where the income was less than $17,000 per year.

We need to address this gap and work hard to close it with a serious effort. That is why this consultation must include all avenues to do that, not just the narrow scope of the measures the government is proposing. In fact, the Liberals' promised to address these inequalities in their platform, but these measures are so limited in scope that people are learning once again that the Liberals say one thing during an election and never follow through.

If the Liberals are serious about helping small businesses, then where is the small business tax reduction, something that all parties in this House committed to during the campaign? We are two years into the government's mandate and have still not seen that proposal come forward, despite the fact it would be so incredibly important to the 98% of businesses in this country that are small- and medium-sized businesses. If the Liberals are serious about helping small business, then when is this helpful proposal coming forward? Where is the legislation to ensure that business owners can see the tax reduction they were promised and, quite honestly, they were moving forward on and basing their future on? Therefore, it is another broken promise to our most important job creators. No one in Canada thinks that the Liberals are standing up for small businesses.

I want to talk about the consultations for a minute. These consultations released a tidal wave of misinformation that has only scared and worried people across the country. The government caught Canadians off-guard, leaving many small business owners in Essex wondering about the vague language and implications of the proposals, and many others are confused by the complexities of the reforms. I heard some Liberals today in the House talking about whether the NDP would vote on this. To my knowledge, there is nothing to vote on at this point. We do not know what will be proposed. We have a vague understanding, but again small business owners and farmers are confused by these proposals.

The Liberals launched the consultations in mid-July and, as of yesterday, the consultations are over. How could the Liberals not have realized that this time of year would be problematic for farmers? This is harvest season, and many farmers will not be able to get to their accountants or tax planners in time to get detailed advice on how the potential changes to the tax system could affect them. When I travel in my riding, I see all the tractors running at full speed. It has been very tough for those farmers to connect because they simply have had to be on their farms during this critical time.

I also do not understand why the government has decided to rush the consultation process. Surely, it makes sense for the Liberals to post their proposals and wait for honest, well-thought-out feedback. Why do they not give everyone the time to study the changes? If the Liberals are serious about tax fairness, then they will expand the scope, extend the deadline, and have a true comprehensive review.

That is why I move, seconded by the member for Rosemont—La Petite-Patrie, that the motion be amended, (a) by deleting the words, “will have a drastic negative impact on small and medium sized local businesses,” and replacing them with the following, unfairly target small businesses while ignoring the largest abuses of Canada's tax system; and (b) by adding after the word “measures” the following, and to expand the consultations to include measures targeting large corporations, loopholes for CEOs, and tax havens.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

I think it's really important that we look at these measures. We are the agriculture committee. I know the finance committee will be looking at the subject eventually. What I'm really concerned about is that the consultations started in the middle of summer.

I represent a rural riding. We had floods in the springtime. Many of my constituents weren't able to work and plant as they wanted to. It was a really rough year for certain people who owned land by the St. Lawrence. When this consultation was announced, they were out working. Now and for the last little while we've been getting a lot of calls, letters, and emails.

I think it's really important that as the agriculture committee, which is supposed to stand up for farmers and agriculture here in Canada, we better understand the proposed changes. There is an opportunity to demystify what they are and maybe calm some of the fears.

Last year we had a wonderful bill before the House of Commons. I talk about it often, and I won't stop talking about it. It was my colleague Guy Caron's bill, Bill C-274, about transferring family farms, small businesses. Most of the members on this committee supported it. I don't know whether Mr. Saini or Madame Nassif supported that bill, but it was a really important bill. It would have helped the transfer of family farms. Sadly, that bill didn't even get to committee.

I think, then, that it is even more important that we, as members of the agriculture committee, look at these changes. In my constituency I get a lot of phone calls about this matter; I'm sure you get a lot of phone calls about it too. It's our duty to look at this.

My fear is that once it gets to finance committee, agriculture will just be puffed off. We are the experts. We have to look at this. I'm really hoping that the members on the other side would be open to looking at the matter.

We know that the government, the Minister of Finance, is consulting. I think we should extend the consultation period. We should be consulting and looking into this deeper at agriculture committee. I'm not saying that we stop doing this study on food policy, but I think we need to look at the subject, maybe after this study is done, because it has to be done in November.

We have 10 meetings—

Contribution of Ranchers and Farmers

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, I am very pleased to speak in support of Motion No. 108. I want to congratulate my colleague from Bow River on his initiative in moving this motion. I am very proud to rise and talk about agriculture and agrifood.

The motion before us today highlights the contribution farmers make to protecting our lands and the environment, and calls for measures to promote the conservation of agricultural land.

The motion proposes two extremely important concepts, namely, environmental protection and the conservation of Canada's agricultural heritage. This is very timely given that we are celebrating Canada's 150th birthday this year. We will have the opportunity to talk about the history and evolution of agriculture, as well as the investments that have been made and the changes that have taken place over the years.

The motion warrants special consideration because, despite how clear it is, it gives us the opportunity to raise several issues that are important to farmers and the future of agriculture in Canada. As agriculture and agrifood critic, I think it is important to talk about the extraordinary work done by Canada's agricultural producers when it comes to protecting our environment, improving our lands, and ensuring sustainable development. With that in mind, the government needs to continue to invest more to fight climate change, working closely and in partnership with farmers, providing them with the means to protect the environment and their lands using new technology.

Recently, private member's Bill C-274 was introduced in the House of Commons. The government needs to put measures in place to encourage the transfer of family farms. This bill sought to put an end to an injustice and make it easier to transfer farms. Canada lost more than 8,000 family farms over the past 10 years. In my riding, the regional municipality of Maskinongé has lost 146 family farms since 1979. Over $50 billion in farm assets are set to change hands between 2016 and 2026. The government needs to be reminded that it missed a golden opportunity by failing to send Bill C-274 to committee for further study. The bill had the support of some 100 organizations across Canada. I would like to commend my colleague from Rimouski-Neigette—Témiscouata—Les Basques for his initiative.

It is very important for family farms to be transferred to members of the same family, as doing so helps preserve agricultural land and ensure the survival of agriculture across Canada. As everyone knows, agricultural lands are not renewable, and we need to do everything that we can to protect them.

The NDP is the only federal party to have consulted stakeholders from across the country when developing an agriculture strategy. This bill, this policy, supported the conservation of agricultural land and raised the very important issue of our food sovereignty. The government announced that it will be holding consultations about this policy, and I will be following this very closely.

Our vision connects Canadians from farm to fork. That is why we need to assess the whole situation and bring an integrated approach to federal policy that connects agriculture, rural development—we must not forget access to high-speed Internet in the regions—health, and income security. Adopting a pan-Canadian food strategy such as the one proposed by the NDP will ensure that young people and new farmers can access the capital and land they need to work in the agriculture sector.

Furthermore, a food strategy recognizes that the federal government has a key role to play in working with the provinces and territories to protect critical watersheds that cross provincial boundaries, to mitigate and adapt to climate change, and to reduce food waste.

Essentially, a food strategy aims to ensure that everyone eats well and can access healthy and affordable food. It is important to ensuring that our agricultural communities are sustainable for generations to come and that Canadian products find growing markets both at home and abroad. We must protect our agricultural heritage because this is about food sovereignty.

I want to remind members about an issue that we debated at length in 2012. The previous Conservative Party eliminated the Prairie Farm Rehabilitation Administration program in an omnibus bill. This was a really important program because it was responsible for rehabilitating lands affected by drought and erosion in the provinces of Manitoba, Saskatchewan, and Alberta.

We know that the previous government dismantled the program without the benefit of an environmental impact study. After it was dismantled, the pastures were transferred to the provinces. However, the problem is that, in some cases, the provinces sold the lands to private investors, and in most cases, they continue to lease them to ranchers, but at higher rates and with fewer services, all while ignoring the need to protect the environmental integrity of the Prairies.

This issue affects many stakeholders, including environmental groups, wilderness conservation groups, farmers, ranchers and young people who want to take up farming.

This issue is very important to the Prairies, but especially Saskatchewan, where there are still many pastures left to be transferred. We know that the transfers of these community pastures and lands will soon be complete, in 2018.

There is still time for the Liberal government to do something to save these prairie lands, and we are calling on it to do so.

I also want to touch on our supply management system. I think that, at one point, my most common utterances in the House of Commons were “protecting our supply management system” and “diafiltered milk”. We are asking the government to take action because concrete action is vital to protecting our supply management system. We know that the government has fallen short at times in terms of border control and protection, and that has led to financial losses for dairy producers.

Two weeks ago, the Auditor General of Canada told us that the Canada Border Services Agency should have assessed $168 million of customs duties on imports of quota-controlled goods. Producers suffered huge losses because the government fell down on border protection. Now our producers are paying the price and losing out on more revenue.

The federal government must implement concrete measures that will really make a difference and protect our supply management system to safeguard our family farms and ensure their long-term survival. Just recently, the Standing Committee on Agriculture and Agri-Food went to Washington. We met with a number of elected officials and explained to them why it is so important to protect our supply management system. Those were really important conversations.

We import between 8% and 10% of what we consume. The Americans import 2%. That is why it is important to have these meetings, especially with the prospect of NAFTA renegotiations looming.

Once again, I would like to congratulate the member for Bow River on moving today's Motion No. 108, which gives us an opportunity to talk about the importance of protecting agriculture in Canada.

We truly hope that the Liberal government will implement measures to facilitate the transfer of family farms and that it will invest more in the fight against climate change.

Income Tax Act

[The Speaker, Liberal, Geoff Regan]

The House will now proceed to the taking of the deferred recorded division on the motion at the second reading stage of Bill C-274.

The House resumed from February 6 consideration of the motion that Bill C-274, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), be read the second time and referred to a committee.

Taxation

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

Mr. Speaker, in each of our ridings there are small business owners, farmers, and fishers who want to retire and sell their business to the next generation. The problem is that a farmer who wants to sell his farm to his children must pay hundreds of thousands of dollars more in taxes than if he sold it to a stranger.

My bill, Bill C-274, would level the playing field while minimizing tax avoidance opportunities. Amendments could be made to minimize them even more, but instead of working with me, the government will clearly whip the vote to defeat this bill without even proposing an alternative. Why will the Liberals not allow a free vote?

Income Tax Act

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

Madam Speaker, I am very pleased to speak to conclude this debate on my private member’s bill, Bill C-274.

In each of our ridings, there are small and medium-sized business owners, farmers and fishers. At present, these people do not belong to the wealthiest class, in spite of what the government is trying to say. They are the very definition of middle-class, and people who start up a small business are often people who aspire to join the middle class.

I am extremely disappointed that the government is opposing this bill. I believe they are opposing it for reasons I think are absurd, and I will explain why.

First, the Minister of Finance and his parliamentary secretary believe the bill will cost between $300 million and $1.2 billion. I worked with tax experts on this bill to make sure it will not be too costly for the government. We estimated that, in terms of lost revenue, it will cost between $75 million and $100 million. Is that excessive? The goal is to level the playing field.

In Montreal, the owner of a small window and door business who wanted to transfer his business to his child had to pay over $110,000 more in taxes than if he sold it to a stranger, a person who was not family.

Obviously, there will be costs in terms of lost revenue, but the goal is to level the playing field and allow these businesses to stay within the family for a second or third generation. The figures the government is suggesting can and must therefore be disputed. They should be examined in committee.

That is why I am asking the government and all members of the House to adopt the bill at second reading, so that we can analyze these figures and compare the analyses I have done with various tax experts and the figures from the Library of Parliament, the Union des producteurs agricole, and Raymond Chabot Grant Thornton and other accounting firms, with the government’s figures.

Another argument that the government has made against the bill is the fact that at present, parents may transfer their business to their children and receive a capital gain. That is true, if the child is not incorporated. However, children increasingly are incorporated, since incorporation carries several advantages, including lower interest rates when they borrow and less tax on the amount to be paid to the parents.

I know there are extremely complex issues and tax policy is complex. Nonetheless, Bill C-274, which I have brought forward, is an appropriate response to the injustice that is an incentive for owners of small businesses, family farms and fishing boats to sell their businesses to strangers rather than to their children. They do not do that because they will get rich; they sell their business so they can retire.

I would like to reassure the government that my intention is not for the bill to be too costly. The intent is to bring the bill to committee so it can actually be studied and if needed, if it is really too costly, to be amended. I can guarantee every member in this House that with the numbers the government is putting forth, if the bill will be as costly as it is saying, I will volunteer to actually withdraw it from consideration. I am saying that because I am sure it will not be.

In conclusion, I encourage all members of the House to consider how this bill will affect their constituents. I have the support of more than 150 organizations across the country in Quebec, Ontario, the west and the Maritimes, organizations such as chambers of commerce, municipalities, and organizations that represent farmers and fishers.

If this bill dies before going to committee for an in-depth study of the costs and impacts, those people will be extremely disappointed. They are not likely to have forgotten this by the time the next election rolls around.

I therefore urge all members of the House to vote for this bill at second reading so we can study it in committee.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Madam Speaker, it is an honour to rise in support of Bill C-274, an act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation).

As the small-business critic for the progressive opposition, as a former business owner and executive director of a chamber of commerce, and as the co-chair of the all-party entrepreneur caucus, I am proud to stand today in support of Bill C-274 and speak to its many strengths. I am grateful for the work of my colleague, the member for Rimouski-Neigette—Témiscouata—Les Basques, for putting forward an excellent piece of legislation on tax fairness for Canadian small-business owners.

In debates, committee meetings, and in legislation, small business is an important focus for parliamentarians. We understand that small-business owners are the real job creators in Canada, as 80% of all jobs are created by small business. Some 30% of our GDP comes from small business. Small businesses are an economic driver of our local economies.

The bill is about keeping jobs in Canada, keeping our wealth in our local communities, supporting family-owned businesses, and supporting community economic development by plugging economic leakages. It is about fair tax laws for Canadians. It is about correcting an unreasonable provision in the Income Tax Act. It makes no sense that our current laws make it easier to sell a business to a stranger than to a family member. Why would we do that? Let us make it easier to enable Canadian businesses to be passed from generation to generation, not harder. Let us not penalize the very people who have put their heart and soul and a lifetime into developing their local businesses. Let us support Canadians who support their communities.

I know I do not have time to do a full speech, so in closing, the government has an opportunity to show Canadians it is fighting for working-class Canadians by supporting the bill. The working class is family business. It is hard-working entrepreneurs who are the foundation of our economy and the real job creators. Nobody has a deeper connection to community or understands the importance of keeping the wealth in their community better than family business owners.

Canadians deserve fair succession tax laws on their family-owned small businesses. We need to make it easier to sell a business to a family member. We need to keep jobs local, and our money in our local economies. We need to give our business owners the tools to thrive in our communities. Right now, the Income Tax Act makes it easier to sell a business, like I said, to a stranger than to a family member. Bill C-274 would correct that mistake. I urge all parliamentarians to support small-business owners across Canada by supporting the bill.

[Ginette Petitpas Taylor, Liberal, Parliamentary Secretary to the Minister of Finance]

Madam Speaker, today I am speaking on behalf of the government about Bill C-274.

We all agree that small businesses are key to our prosperous communities. They provide important goods and services, create jobs, and weave themselves into the fabric of our communities, in which they have a genuine interest.

The Government of Canada wants the small business sector to remain stable and dynamic. Is Bill C-274 in the best interest of small businesses? The government's position, which I support, is this: the bill is well-intentioned, but the government is very concerned about its unintended consequences and whether it will really work.

The main problem is that it will open the door to tax avoidance. The Government of Canada cannot allow that possibility. The stated purpose of this bill is to amend the Income Tax Act to facilitate the transfer of small businesses and family farm and fishing corporations among family members.

To that end, the bill would dilute two longstanding anti-avoidance rules found in the Income Tax Act. First, we must answer the following important question: why are these anti-avoidance rules in place? Their objective is certainly not to discourage the transfer of small businesses to family members. These rules exist because without them certain individuals would have greater opportunities to engage in inappropriate tax avoidance.

Measures that would introduce tax loopholes would not be consistent with the principles of fairness, economic efficiency, and responsible fiscal management.

As I mentioned, the bill would dilute two longstanding anti-avoidance rules found in the Income Tax Act; specifically, it would amend sections 55 and 84.1 of the act.

I would now like to focus on section 84.1. This anti-avoidance rule may apply when an individual sells shares of one corporation to another corporation that is linked to the individual. When an individual sells shares of a Canadian corporation to a linked corporation, section 84.1 of the Income Tax Act deems that the individual has received a taxable dividend from the linked corporation rather than a capital gain, which is taxed at a lower rate in certain circumstances. Why? It is because the linked corporation could use the proceeds of the dividend paid by the Canadian corporation and give it to the individual in exchange for shares.

In other words, the individual is taxed based on the principle whereby dividends can be extracted from the Canadian corporation in order to be paid to the individual and should be taxable in his or her hands as dividends. Without this rule, such sales between related parties could be used to convert dividends for an individual into capital gains that are taxed at a lower rate, including gains eligible for a lifetime capital gains exemption.

Bill C-274 proposes narrowing the scope of section 84.1 by removing the sale of shares of certain companies from its application. These companies include eligible small businesses and family farm or fishing corporations sold by an individual to another firm owned by an adult child or grandchild of that individual.

This change will allow the owner-operator of a family business to convert the dividends of the corporation into taxable capital gains at a lower tax rate. Such conversions of corporate dividends into capital gains taxed at a lower rate could be done as often as the owner-operator wants to extract the corporation's surpluses and receive a fiscal benefit.

While the main purpose of section 84.1 is to limit the application of the lifetime capital gains exemption, there are similar concerns regarding cases where no exemption is requested because of different personal income tax rates that apply to taxable dividends and capital gains.

In 2017, the highest combined federal-provincial personal income tax rate on capital gains is roughly 17.8 percentage points lower than the rate applicable to dividends.

This difference in personal income tax rates means that for every extra $100,000 that is converted into a taxable capital gain, the federal-provincial savings can be as high as $17,800.

It is important to note that there is nothing stopping a parent from selling their shares of the family business directly to their child or grandchild and claiming the lifetime capital gains exemption on the capital gains, and then claiming as taxable capital gains any other gains from the sale of the shares that are not eligible for the lifetime capital gains exemption.

The anti-avoidance rule set out in section 84.1 applies when the shares are sold to a company owned by the child or grandchild of that taxpayer. The tax rules already allow for the intergenerational transfer of a business directly to a child or a grandchild.

Adopting the proposed changes to section 84.1 would open the door to new avoidance possibilities. This would unfairly benefit wealthy individuals instead of members of the broader middle class.

Based on a series of reasonable assumptions on how Canadians would react to this measure, the Minister of Finance believes that the proposed amendment would cost the federal government between $350 million and $1.2 billion a year. This clearly goes against the government's overall objective to strengthen support for the middle class and those working hard to join it.

It is also important to point out that, according to analyses conducted by third parties, Canada has a good tax system and is an excellent place to do business. According to a KPMG study, total business tax costs in Canada are the lowest in the G7 and 48% lower than those in the United States.

The government is currently making unprecedented investments in infrastructure and innovation that will expand opportunities in the country and result in stronger and more inclusive growth. What is more, the government has lowered taxes for nearly nine million Canadians, and 9 out of 10 families with children now receive higher benefits through our new Canada child benefit program.

That means more disposable income for middle-class Canadians and a stronger economy, which will benefit small businesses.

In closing, I understand the reasons behind Bill C-274. We all want the tax rules to be simple, fair, and conducive to small business growth. However, ultimately, the opportunities for tax avoidance that would arise from the passing of Bill C-274 far outweigh any possible benefit.

Bill C-274 would not make the tax system any fairer. On the contrary, it would give wealthy individuals the opportunity to use private corporations for tax planning purposes. It would result in pressure to weaken other anti-avoidance rules.

For these reasons, I urge the members of this House to vote against Bill C-274.

[Robert Aubin, NDP, Trois-Rivières, QC]

Madam Speaker, this magnificent Monday morning, we have the good fortune to be talking about the bill introduced by my colleague from Rimouski-Neigette—Témiscouata—Les Basques. I gather from members' remarks that there is broad consensus around this bill. The only concerns I have heard people express from the start have to do with the cost of the bill. Barring petty partisanship, I see no reason why we should not send this bill to committee after the second reading vote for a closer look at its real costs. This bill is very important to the economy and to the development of both Quebec and Canada.

Everyone knows our society is aging. We are facing major changes to which we will have to adapt quickly and as best we can. We are used to analyzing health and education issues and changing our policies on the basis of demographic trends, but there is just as much urgency in other sectors that tend to be ignored. That is why I think my colleague's bill, which tackles one of the most significant generational shifts, is so important.

By 2020, as many as 350,000 business owners will be 50 or more and will be considering selling or transferring ownership of their business to a family member or selling it to a stranger. With the population ageing, it is reassuring to see that the next generation of entrepreneurs is available, skilled, competitive, and ready to face the challenges that come with taking over the reins from the previous generation.

Why are so many businesspeople raising their concerns with me over entrepreneurial succession? Well, they have done the math and they recognize how unfair the difference can be in the sale of a business to a family member or to a third party. Although my colleague's bill is not the first to address this issue, it is by far the most comprehensive and deserves the support of all parliamentarians in the House.

However, for the uninitiated who are following the debate and who are not aware of the problem, let us try to sum up what it means to transfer a business. If business owners want to get out of the business world, then they have two choices. They can sell their business to one of their children, thereby ensuring that the business remains family-run and deriving satisfaction from the act of passing down the business from one generation to the next. The owner gets to see his or her efforts carry on. The second choice in principle is just as commendable. The owner can sell to a stranger. It is easy to say that this is a personal choice and that everyone is free to make their own decision. However, that is less true when we know that both avenues do not produce the same profits from a sale at the same price.

At this point in time, if the business person sells their business to a stranger, the difference between the sale price and the original price is considered a capital gain taxed at between 23% and 29% by the provinces and also benefits from a tax exemption of about $824,000. However, if the owner sells his business to one of his children, the same difference between the sale price and the original price is considered a dividend, which is taxed at between 35% and 51%, depending on the province, and does not benefit from a tax exemption.

To put it simply, the owner who sells his business for $1 million and reports a capital gain, compared to the owner who reports a dividend on the same amount, would come out ahead by about $306,000. We have to admit that makes selling to a family member somewhat less appealing.

This is what Bill C-274 would do. It would allow the owner and buyers from the same family to enjoy the same rights and privileges resulting from a transaction between two people without any family ties. Consequently, Bill C-274 would help keep businesses in the hands of local people, foster entrepreneurship, and contribute to the creation of local jobs.

What is more, in order to prevent any type of tax avoidance, an argument that members have been raising since this morning, my colleague had the foresight to include an obligation in the bill under which the family member who purchases the business must remain the owner for five years following the transaction. We are not the only ones who are saying that it is high time to eliminate this unfair business transfer tax.

Since I am running out of time, I will not read the incredibly long list of people who support my colleague's bill. I must admit that I do not see what reason any member would have to vote against a bill that has garnered so much support. I therefore hope that Bill C-274 will be sent to committee, because we are always open to making necessary improvements. I also look forward to the day when the House will send a clear message to entrepreneurs across the country telling them that they can sell their company to whomever they choose and still pay the same rate.

Need I mention that I strongly urge all members of the House to vote in favour of the bill introduced by the member for Rimouski-Neigette—Témiscouata—Les Basques?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Madam Speaker, I am very pleased to rise here this morning to take part in the debate on Bill C-274.

I want to thank my colleague from the New Democratic Party for introducing this bill, an act to amend the Income Tax Act regarding the transfer of small business or family farm or fishing corporation. The member for Rimouski-Neigette—Témiscouata—Les Basques, from the province of Quebec, is the finance critic for the second opposition party.

I feel compelled to speak to this issue because many people in my riding, Lévis—Lotbinière, have expressed their concerns about this matter and what the Canada Revenue Agency is supposed to do.

Furthermore, my colleague from Portneuf—Jacques-Cartier had intended to move a motion or introduce a bill to change this situation after a number of his constituents expressed their serious concerns and fears. As everyone here knows, all parliamentarians have to wait their turn in order to introduce a bill or motion in the House. Unfortunately, my colleague was 214th in line to be able to introduce his bill, which meant he was very unlikely to introduce it before the end of the 42nd Parliament, which will end in October 2019.

This bill should go through second reading so that we can study all the tax implications and, most importantly, determine how it will contribute to the economic development of the regions of Quebec and Canada.

We believe that this government has not done what is necessary to support the economic development of our regions, and here is why. It appointed just one minister to look after Canada's six economic development agencies, when that minister is not familiar with the realities of all the regions of Canada, particularly those of Quebec, and likely never will be.

The Liberals have been in office for over a year, yet they still have not managed to sign a softwood lumber agreement. They also have not managed to create any jobs in Canada, except perhaps at the Office of the Conflict of Interest and Ethics Commissioner. They are setting up an infrastructure bank for projects of $100 million or more. They are even saying that investors would prefer projects of $500 million or more. However, if projects of $100 million or more or $500 million or more are required, the Lotbinière RCM, whose municipalities have an average population of 2,200, will not see a penny of that money for many years to come.

What is more, the government set up only a modest compensation program for farmers and cheese producers. However, these days, our dairy producers are very concerned, particularly with regard to the new and upcoming NAFTA negotiations. I can see why they are concerned, given the government across the way.

Let us not forget the most important thing: the government did all of this while completely losing control of the deficit. It announced a $10-billion deficit, which is huge, but now it seems the deficit is going to be closer to $30 billion. What is worse, the budget will not be balanced until 2055. There are many people here in the House who will not even live to see that happen.

This bill has to pass second reading stage so that we can provide a tool to help protect our seasoned Canadian entrepreneurs. This will also help ensure the prosperity of a business supervised by a parent who is committed to the success of the business. Parents are excellent mentors for the business, especially if they have been working at the business for 40 years. They have weathered a few storms and are certainly able to give the best advice to the future generation, often their own children or grandchildren. These entrepreneurs worked hard on developing their businesses. The least we can do is take the time to address this issue in the House.

Let us build on what Quebec did when faced with the same problem involving the sale of businesses between members of the same family. In 2015, the finance minister included measures in his budget to ensure that this type of transaction is taxed fairly and equitably for family members of small-business owners.

We must also encourage family solidarity and in doing so, protect our small and medium-sized businesses to ensure their survival and allow children and grandchildren to take over the operations and maintenance of their family business, both in Canada's cities and its vast rural regions.

Many business people are not motivated to transfer their cherished business to a family member. Imagine that you had to pay between $250,000 and $1 million more in taxes on a small business. This is quite different than selling the business to a non-family member. That is the lesser evil. What is scandalous is the demise of these businesses, which results in the loss of 15, 20, or 30 jobs in small communities of 1,000 people.

Future generations work in the family business. However, when the owners want to retire and enjoy a well-deserved lifestyle after having worked to build a good business, they do not want to give their money to the different levels of government. We all know that the best place to invest money in order for it to grow is in the pockets of Canadians and not in those of a Liberal government.

Anyone who can count and who is an entrepreneur at heart will perhaps prefer, unfortunately, to sell their business to someone else rather than to a family member, because today's tax system is not accountable to anyone and does not respect the contributions of those who have developed these businesses for the past 40 years.

We believe that the aging of our population will result in increased business transfers, and that most small businesses will sadly not make it out in one piece. The survival of small businesses is vital to job markets all across Canada, especially in the regions. Young entrepreneurs are having a hard time coming up with the capital needed to take over the business, especially since they have to borrow 30% more to ensure that their parents can have a decent retirement. Many entrepreneurs want their children or grandchildren to take over their business, which is only natural. When people invest 40 years of their life in a business, they usually want it to continue after they are gone.

We believe that horizontal equity, when it comes to taxation, is a fundamental part of ensuring a fair and competitive business environment. It is only fair that all Canadians should be treated equally when it comes to taxation, and not two different ways. It is unfair that there are two separate tax structures depending on whether business owners sell to their children or grandchildren, or to a stranger. We believe that the Income Tax Act penalizes families who want to keep the business in the family.

In closing, for all these reasons, and more importantly, because this government has not taken the necessary steps to support and develop our regions, which is very important, this bill needs to pass second reading. This tool will help protect Canada's experienced business owners and help guarantee millions of jobs for future generations. This is a good initiative and we will support it.

[Emmanuel Dubourg, Liberal, Bourassa, QC]

Madam Speaker, I am pleased to speak to Bill C-274, which has to do with the transfer of family businesses, a subject I have been interested in for quite some time.

The first document I consulted was the December 2010 report by Suzanne Landry for Raymond Chabot Grant Thornton, a chartered professional accountants firm. Ms. Landry, who is now a professor at the École des hautes études commerciales de Montréal, identified a number of possible solutions in her report.

This bill targets one of the most complex parts of the Income Tax Act: the sections about transfers and the capital gains deduction, among others. We are talking about butterfly transactions. This has all kinds of implications.

Subsection 84.1, which this bill would amend, was included in the Act under tax avoidance to prevent fraudulent transactions involving the transfer of businesses among family members. Caution is vital here.

I wanted to bring in legislation on this when I was a member of another Parliament, the Quebec National Assembly. The finance minister and I had several meetings on the matter. I decided not to go forward because he told me that it would cost a lot of money and that this was the type of measure that needed to be passed by the Parliament of Canada in Ottawa.

Fast forward to November 2013 when I arrived in Parliament. I was still working on ways to rectify this injustice. That is why I introduced Bill C-691, but unfortunately, the session ended in June 2015 and we did not have the chance to debate it.

Let us talk about the impetus for this bill. Let us look at the statistics. We were told that 45% of jobs and 80% of new jobs in the private sector were created by small businesses. The Canadian Federation of Independent Business, the CFIB, said that 66% of small businesses would change owners over the coming decade and that a third of small and medium-sized business owners wanted to sell to family members. That is to say nothing of the youth unemployment rate.

Then there are the reasons why this bill is essential. I can also say that business succession is at the heart of this bill. Business succession represents an economic challenge because it requires a succession plan and choosing the successor. We must encourage the sale of businesses to family members because selling a business to a stranger could result in its relocation, benefiting the strangers.

The safeguards in this bill will ensure that the ones to benefit will be the middle-class families. Ensuring the sustainability of small businesses is also essential to the job market.

This bill has an end goal. The concept of transferring a business to a family member is simple, but the solution is complex. When a parent sells his or her business to a person who is not related by blood, marriage, or adoption, the parent can choose to not pay tax on the first $824,000 of taxable capital gains. However, if the business is sold to the son, the parent cannot use the capital gains deduction. This bill will address an unfair element of the law.

When I introduced Bill C-691, measures also had to be taken to prevent abuse.

First, I included a gradual cap so that, if a company's taxable capital was less than $15 million, the company would be eligible for the deduction. If the company made between $10 million and $15 million in taxable capital, then the deduction would be reduced because we do not want large companies to benefit from this type of deduction.

Second, after placing this cap on taxable capital, I introduced a measure that required that an affidavit of the transaction, issued by an independent assessor and indicating the fair market value of the business, be presented to meet the conditions of the transaction. The buyer also had to be over the age of 18. What is more, if the buyer had to resell the shares after less than two years, the initial transaction would be deemed to have never occurred.

When I introduced the bill, it received the support of my NDP colleague and the the Canadian Federation of Independent Business, which was very important. When I held a press conference about the bill, representatives from the Canadian Association of Family Enterprise or CAFE were there with me to show their support. The Canadian Federation of Agriculture, which is made up of all the main farming associations in the country, and the Regroupement des cabinets de courtage d’assurance du Québec also supported the bill. It is important to mention that, in recent years, the Quebec CPA Order has raised this issue every time it has participated in pre-budget consultations.

In conclusion, I am certain this bill is the solution. I am glad that both the NDP and the Bloc Québécois decided to reintroduce it. However, there are a number of things to consider when we vote on this bill, cost being one of them.

I consulted the people at the Library of Parliament, and they told me that, in 2012, transactions involving eligible shares of small and medium-sized businesses amounted to more than $5 billion. In their tax returns, people cannot specify which transactions occurred at arm's length, so the Library of Parliament's findings are based on estimates.

They told me that, in 2012, transactions totalling $5 billion were carried out by more than 20,000 people. Supposing one-third of the transactions occurred between related individuals, such as 6,000 parents selling their businesses, giving them favourable tax treatment would cost the public purse no less than $300 million.

The Liberal government stated that it absolutely wants to help the middle class. Bourassa, the riding I represent, is struggling economically. Every month there, 19,000 children collect more than $8 million in Canada child benefit payments. By comparison, the cost of this program is exorbitant because it would cost $300 million to help 6,000 people.

In conclusion, yes, it is not fair, but present circumstances dictate that we take all of the factors into account to make the right decision. That is what we will do on Wednesday when we vote on Bill C-274.

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, today I am so very pleased to add my voice to the chorus of those across Canada who support Bill C-274, an act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation). I would like to thank my colleague from Rimouski-Neigette—Témiscouata—Les Basques for introducing this bill. I know he worked long and hard to make sure this bill is written in such a way as to protect everything that matters to our small businesses.

As we all know, our small and medium-sized businesses are the bedrock of our economy. Whole families make a living thanks to them.

I am from Saguenay—Lac-Saint-Jean, where life can be very different from that in big cities. Many of my colleagues, such as those from Abitibi and the Lower St. Lawrence, as well as some of the other provinces, are familiar with those differences.

The reality in our regions, in places like Saguenay—Lac-Saint-Jean, is that there are often only two, three, or four large businesses that contribute to their economies. Most of the time, small and medium-sized businesses are the main contributors. Many of our small businesses have only three or four employees, but they are what are sustaining our regions. We are seeing this more and more. The men and women of our regions are developing projects and new ideas and are doing their part every day to keep our regional economies going.

At the same time, our small and medium-sized businesses are facing many problems that make it harder for people back home to succeed. For example, the customer base is much smaller in our region.

Another problem is the shortage of young people willing to take over these businesses. It is really hard for SMEs to find people to take over, so when an entrepreneur is lucky enough to have someone in their family they can count on to take over the family business, that creates wealth for our communities. When people are lucky enough to have a family member to carry on a family business, it means they can pass down traditions, and for some, even memories. It means they can pass on what they have learned through experience and hard work.

Unfortunately, there is a great injustice. Federal legislation penalizes business owners and dissuades from passing on their life's work to members of their family. The reason is quite simple: when a business is sold to the owner's children or another relative, the profit from the sale is considered a dividend and is taxed as such under the Income Tax Act. On average in Canada, a dividend is taxed at roughly 35%.

If the business is sold to someone who is not part of the family, who is not a relative but a stranger, then the profit is considered a capital gain. In that case, there is a lifetime exemption of roughly $825,000 for a business and about $1 million for a farm or a fishing vessel. The remaining capital gain is taxed at about 25%, on average. That explains the difference between the sale to a stranger and the sale to a child or another family member.

We have to do something about this unfair situation. I have met with business owners in my region. They all agree on this. That is why various stakeholders in the Saguenay—Lac-Saint-Jean region support Bill C-274.

I will quote Carl Côté of the Saguenay-Le Fjord chamber of commerce and industry.

Business succession is a major economic issue, especially in remote areas. Family businesses play an important role in economic development and they must have support. At present, they are subject to very unfair tax treatment. Family business succession is an issue that we are following closely...

The former president of the Union des producteurs agricoles du Saguenay—Lac-Saint-Jean, Yvon Simard, believes that it is appalling that, in 2016, the dismantling and sale of companies to a stranger is subject to less tax than the sale or transfer to a family member, someone who could pursue their parents' dream and continue farming in the Saguenay—Lac-Saint-Jean region.

When we contacted businesses in my riding, dozens responded and supported the NDP's efforts. Many deplore the current situation and hope that this injustice will be addressed.

I would like to read a few comments I received about this. They paint a clear picture of the reality facing small businesses and what the people of Saguenay—Lac-Saint-Jean are going through.

A motel owner said that this is a major problem and that his father thought about selling the business to a stranger because it was more beneficial for him than to sell it to a family member.

Another business owner said the following: “I co-own a business with my son, so who do you think I will sell my shares to? However, by selling to my son, I am going to lose a lot of money. It is not fair.”

Finally, the owner of a small business said, “Two years ago, I sold my business to my son. It is unacceptable that I was penalized because of this unfair provision. It is a double standard.”

It is completely unacceptable for these business owners to be penalized for selling their company to a family member. We are not talking about opening the door to tax avoidance. We are talking about correcting the inequity that exists in the Income Tax Act, which considers the sale of a family business or farm to be a capital gain. Things should work the same whether the business is sold to a family member or a stranger. Bill C-274 simply seeks to correct the inequity, so that the process is the same regardless of whether the company is sold to a family member or a stranger.

In my opinion, my colleague's bill is well written and prevents tax avoidance. The bill is very clear about that. Our SMEs should not be penalized because of this inequity.

It is high time we abolished the unfair tax on the transfer of family businesses. When a business is transferred, potential buyers who are related to the owner should have the same rights and privileges as those who are not.

In closing, I would like to emphasize that all regions will benefit from this. This bill is good for everyone. It is good for our small and medium-sized businesses. In my region, Saguenay—Lac-Saint-Jean, this is the kind of positive change we really need to help revitalize our local economy.

I invite my colleagues in government and in opposition to consider the economic and social benefits of the bill. Facilitating the transfer of family businesses will help make our regions stronger. Something we talk about a lot in the regions is the retention of young people. My riding, Jonquière, is home to many farms and small businesses. We talk about the exodus of young people, who leave to work in big cities. Bill C-274 will boost local economies. Family farms are usually passed down from generation to generation. I visited a farm last winter, and the owners told me that it had been in their family for four generations.

I invite all my colleagues to vote in favour of Bill C-274, introduced by my colleague.

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, I am proud to rise in the House today as the MP for a rural riding with an abundance of small and medium-sized businesses and plenty of family farms that go back more than 10 generations.

The work they do contributes to Montmagny—L'Islet—Kamouraska—Rivière-du-Loup's prosperity and entrepreneurial culture. I want to inform my colleagues that the Canadian Federation of Independent Business recently named Rivière-du-Loup the top entrepreneurial city in Canada in its fall 2016 ranking, this just a year after it was recognized as the most entrepreneurial city in Quebec.

There is no doubt that my riding and Rivière-du-Loup in particular are going full entrepreneurial speed ahead.

As a Conservative, I am proud of the previous government's record with respect to job creators. Our government reduced the corporate tax rate from 22% to 15% and the small business rate to 11%. It also increased the maximum revenue threshold for small business tax rate eligibility from $300,000 to $500,000.

As an entrepreneur myself who has created 20 or so jobs over the past 25 years in the printing industry in my region, I understand the importance of maintaining a tax system that favours entrepreneurship. Small businesses are the backbone of our economy. They created over 77% of all new jobs from 2002 to 2012.

People go into business for a variety of reasons. Some people are motivated by their passion, while others see a service gap that needs to be filled in their respective communities. For the most part, people go into business in order to meet their needs and those of their family. That is what I did myself in 1993 when I started my business.

We do so with the fervent hope that, one day, our children will take over our businesses, and we are eager to see them make our businesses flourish and build an even better future for our regions.

In my case, I fully intend to transfer some or all of my family business to my daughter at some point. I am extremely proud of my daughter, who has been working with me in my business for the past three years now.

I was very surprised to learn that, under Canada's current tax laws, it would be better for me to sell my business to an outside third party rather than to a member of my own family.

Essentially, when a business is sold to a family member, the difference between the sale price and the original price of the business is considered a dividend and is taxable as regular income at 100%. However, if the sale is between two strangers, the difference is considered a capital gain, only half of which is taxed.

What is more, in Canada, the lifetime capital gains exemption that normally applies to small and medium-sized businesses does not apply in this case.

What type of message does that send? Does this not discourage people from starting a business?

What we want is to ensure that our country's economic growth continues to expand. For that we need to encourage people to get into business. When people who have been in business for 25, 30, or 40 years are ready to hand over their shares to their children, it is not right to put them at a disadvantage. The same advantages should apply whether the business is sold to a third party or a family member.

An estimated 550,000 business owners are going to want to sell or transfer ownership of their business over the next decade.

According to the Canadian Federation of Agriculture, over $500 billion in farm assets are set to change hands over the next 10 years. That is not to mention the over 8,000 family farms that ceased operations in the past decade. The population is aging, yet only 50% of these farm owners have a succession plan.

I would like to remind members that the Lower St. Lawrence region has one of the largest aging populations in Canada, which means that there are fewer opportunities to sell our businesses to future generations.

Given the aging population, three out of four farmers intend to retire in the next 10 years. It is therefore urgent that we correct the discrepancy in the Income Tax Act so that we are prepared for the upcoming demographic reality. That is why I support Bill C-274, which was introduced by my riding neighbour, the hon. member for Rimouski-Neigette—Témiscouata—Les Basques.

This bill caught the attention of the Rivière-du-Loup RCM in the Lower St. Lawrence region, which wrote a letter in the fall indicating its support for Bill C-274. The Rivière-du-Loup RCM's chamber of commerce did the same. Support is growing across Quebec. The Association des marchands dépanneurs et épiciers du Québec has spoken out against the existing situation, and the Union des producteurs agricoles and the Board of Trade of Metropolitan Montreal have both indicated that they are in favour of this bill. All of the major opposition parties support this bill. It remains to be seen whether the Liberal government will also support it.

I think this is a good opportunity for the Liberals to redeem themselves after breaking their election promise to cut corporate taxes from 11% to 9%, voting for an increase in CPP contributions, and imposing a carbon tax on a still fragile economy.

Bill C-274 is an opportunity for the NDP, the Conservatives, and the Liberals to join forces and quickly pass a bill that would recognize that small businesses and family farms are important to Canadian society. I encourage each one of my colleagues to say yes to Bill C-274.

In closing, I would like to add that there is widespread support for this bill across Canada and especially in rural areas, where families create small businesses and support them from one generation to the next. I sincerely believe that these families must have this opportunity. Just imagine that I were to sell my business to my daughter. I would have to pay 100% of the tax instead of 50%. If I only had to pay 50% of the tax, I could continue to help my daughter grow her business. That money would certainly go back into the economy.

Once again, I invite all my colleagues to support Bill C-274.

The House resumed from November 24, 2016, consideration of the motion that Bill C-274, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), be read the second time and referred to a committee.

Taxation

[Ginette Petitpas Taylor, Liberal, Parliamentary Secretary to the Minister of Finance]

Mr. Speaker, I thank my colleague for his question.

Bill C-274 would weaken two anti-avoidance rules that have been part of the Income Tax Act for a long time. The government is concerned about the changes, which would increase opportunities for unfair tax avoidance. Bill C-274 would offer a targeted tax advantage to a specific group of taxpayers rather than to the middle class as a whole.

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

Mr. Speaker, as you are no doubt aware, nearly 75% of Canadians who own small businesses, family farms, and fishing boats want to transfer their business and retire within the next 10 years. However, they face a serious problem if they want to keep their business in the family.

The problem is that, by selling their business to their children, they will have to pay a lot more in taxes than if they were to sell it to strangers. My bill, Bill C-274, seeks to correct this injustice. It has the support of over 120 municipalities, chambers of commerce, and farmer and fisher associations.

Can the government confirm that it will let its members vote freely and according to the will of their constituents?

Income Tax Act

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, it is with pleasure I rise today to address the private member's bill, Bill C-274.

In looking at the bill it is important that we recognize that what we are talking about is the transfer of money among family. When we talk about our farmers, small farms, and entrepreneurs, this is something that we are very sympathetic to. I do not necessarily agree with the manner in which the New Democratic member has chosen to try to implement something that most if not all members are very sympathetic to, that being the plight of our small farms and rural communities. There is very much a concerned attitude.

I know within our caucus we have a rural caucus that spends a great deal of time trying to address the many different issues that our rural communities, in particular farmers, are having to deal with. It is a wide spectrum of issues. It is important that we recognize that there is the lifetime capital gains exemption on resulting capital when, let us say, a parent transfers property over to a child. There are already today things in place that at least in part deal with what the member is hoping to achieve.

It is important that we recognize that Bill C-274 would weaken two long-standing anti-avoidance rules, something that the Parliamentary Secretary to the Minister of Finance spent a great deal of time going over. It is very technical. I will avoid that because I believe that he covered it exceptionally well. I would also point out additionally that the bill would provide new opportunities for significant tax avoidance that would benefit high-net-worth individuals and result in the erosion of the tax base. We should all be somewhat concerned about that.

At times, we hear from members of this House, whether within our caucus or even from the New Democratic benches, more often than from the Conservative benches, about the issue of tax avoidance. We have a very proactive Minister of National Revenue who is constantly looking at ways to ensure that Canadians are indeed paying their fair share and looking at ways to close loopholes. Tax avoidance in Canada is a very serious issue. It is an issue that this government takes very seriously. If we can deal with that issue, it allows us to reshuffle that money in a more positive way, ensuring that there is a fairer sense of the way in which taxes are applied.

This weakening undermines the government's expressed intent to ensure that all Canadians pay their fair share of taxes, which ensures that middle-class Canadians have access to the government services that they truly deserve.

It is also important for us to recognize that this bill would send conflicting policy messages, given that we tightened one of the anti-avoidance rules that Bill C-274 proposes to relax, through the first budget implementation act. There is a contradiction there and we would suggest that the budget implementation is the best way to go because it is about tax fairness.

Again, I want to be clear that nothing currently prevents parents from selling the family company directly to their child and claiming the lifetime capital gains exemption on the resulting capital gain. That is a very important point to emphasize.

The proposal brought forward by the New Democratic member could easily be misused by corporations looking for tax-planning opportunities. It would cost the Treasury Board an estimated $800 million a year, a number that would significantly increase in later years. Tax fairness, once again, is one of our core beliefs. Here as a government today, we have had member after member stand in this chamber and talk about the issue of tax fairness. I, for one, have mentioned it on numerous occasions and, no doubt, in the months and years ahead, we will continue to raise the issue of tax fairness, because it is indeed a part of our core beliefs.

No doubt, in the months and years ahead, we will continue to raise the issue of tax fairness, because it is part of our core belief. In that vein, we are currently undergoing a review of all tax expenditures to ensure that they are fair, efficient, and fiscally responsible.

I can assure members that we are currently engaged in pre-budget consultations. We will carefully examine the issue of family transfers in the context of fairness.

I would suggest that we would find it very challenging to find a minister of finance who has gone so far out of his way to ensure that there is consultation in every region of our country, both rural and urban. When we think of the family farm, I can assure the member that when we talk about pre-budget consultations, these are issues that have been raised with the Minister of Finance. For this particular budget that is coming out for 2017-18, things of this nature will have been taken into consideration in terms of how we can help small rural farms and entrepreneurs, which are the backbone of the economy in many ways.

I, for one, am very sensitive to our farming community. As a teenager, I can remember riding on tractors in the fields of family friends. I had the opportunity to get first-hand experience at a very young age of what takes place on farms and the important role they play.

In recent years I have had the opportunity, as all members have, to visit rural communities. One thing that come to mind is the size of the farms. We talk about the cost of land, but when we look at the size, the infrastructure for farmers today is so much more than it was in previous years.

I think it was on highway 2, late at night, I could see a long line of lights coming at me. They were combines in the field in a long row taking the crops off the field. It was most impressive. It gives one a better appreciation of the role we play in providing food for the world. When I think of that, it goes back to, in many ways, the beginnings of the family farm and recognizing how important that community is to our country.

I can tell members that this is a government that is very sensitive to the needs of our farms. We see that virtually every day when the Minister of Agriculture and Agri-Food talks about the importance of supply management and the importance of taxation.

I understand that my time has run out. I look forward to being able to continue on another day.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, today, I have the great pleasure of taking part in the debate on the bill introduced by my colleague from Rimouski-Neigette—Témiscouata—Les Basques. First of all, I want to thank my colleague for his work on this bill, his commitment, his consultations, and for listening. This is truly a bill that will improve Canadians' quality of life.

I have to admit that I was truly disappointed with the speech by my colleague from Saint-Maurice—Champlain. I represent the riding of Berthier—Maskinongé and part of the regional municipality of Maskinongé is located in Mauricie.

My colleague from Shawinigan represents a very rural area that has hundreds of SMEs, and I know that this bill will improve the economic situation of the regions. It is really frustrating when members pull figures out of thin air, maybe out of their own pockets. I believe that everyone agrees with the principle of this bill. I hope that it will be referred to committee so we can better understand where these figures come from.

I would like to point out that this bill has widespread support from all across the country. I believe it is also important to talk about this bill in my role as agriculture and agri-food critic. I am a member of the standing committee, and we are currently studying the next policy framework. Earlier today, in fact, officials were explaining to us once again how hard it is to find people to take over. It is not easy. The price of land is going up, and access to capital is difficult, so a bill like this one is a step in the right direction.

I should explain a little about the situation facing family farms in Canada. Over the past 10 years, we have lost 8,000 family farms. It is clear that this phenomenon is far from over, and it is important that we tackle the problem head on. There are a number of things we could do, and one of them is to make it easier to transfer farms between family members.

We also know that we have an aging population, especially in the regions. The demand for people to take over these businesses is only going to increase over the next few years. Overall, we are talking about $50 billion in farm assets that will be transferred between 2016 and 2026. Therefore, this bill is very important to the farming community.

At present, farmers look at their farms as their pension fund, and as much as they would love to transfer them to a family member, it is much more advantageous to sell to a stranger than someone who is part of the family. It is really sad, and we need to correct this injustice.

Let us imagine a farm worth $10 million. That farm would be worth $1.25 million more to the farmer after tax if he sells it to a stranger rather than a member of his own family. Unfortunately, sometimes that is the choice that has to be made. Farmers have to sell to strangers instead of passing the business down from one generation to the next, because the tax rules are unfair and completely unfavourable.

The problem with high land prices is that unrelated investors often have more interest in the land itself rather than farming it. Many farmers have to face really tough choices because of this. They have to choose between their hard-earned retirement and keeping production in the family.

Let us not forget that other factors also contribute to the challenges facing our family farms. My Conservative colleague mentioned this. We can talk about the government's role in border control, the government's failure to act on the diafiltered milk issue, and the completely unfair compensation for dairy farmers and processors under CETA. That is the situation facing our farmers and artisanal cheese producers in the regions. Things are really tough.

On top of that, in other agricultural sectors, farmers are really worried about the labour shortage. As we know, in the last budget, the government allocated very little money to agriculture.

All of the measures I listed that are designed to support supply management are really in the government's hands, but it seems disinclined to act or to protect it.

As the member for Berthier—Maskinongé, a rural riding, I understand how important this bill is to the people I represent.

I would like to briefly discuss the importance of small businesses to the regions. As I said earlier, small businesses are responsible for 80% of job creation in Canada. In Quebec, and in Canada as a whole, 98% of all businesses are small and medium-sized businesses.

The NDP believes we must do everything we can to ensure that businesses operate under the best possible conditions to stay competitive in a constantly changing market. The NDP will fight to protect our jobs and our family businesses.

Small businesses are the economic heart of our regions. We all have a favourite restaurant or corner store or a salon where we like to get our hair cut, and we have to support these businesses and encourage them. This is a step in the right direction. We are proud of it. We were all elected to try to introduce good legislative change.

I believe the situation in Berthier—Maskinongé is like that in my colleagues' ridings.

Bill C-274 will improve things. It is a step in the right direction. However, let us not forget that there are other areas we must improve in order to protect the regions. For example, the government promised to lower taxes from 11% to 9%. That is a broken promise. Let us not forget how important it is to develop high speed internet in the regions. We must support our family businesses and the government has to ensure that we have all the tools we need in the next strategic plan.

Our bill is widely supported. I know that my colleague already mentioned it, but there is a list of supporters two or three pages long.

I would like to read a quote by the president of the Canadian Federation of Agriculture:

Simply put, if taxation barriers are not addressed, we will see fewer and fewer family farms in Canada. We support [the commitment by the hon. member for Rimouski-Neigette—Témiscouata—Les Basques and his colleague] to addressing these tax burdens that could cause a significant administrative burden [and] cost...

The bill also has the support of the Association des marchands dépanneurs et épiciers du Québec.

It is unfair. Everyone knows there is work to be done. I think that we have had a good debate so far. However, it is important to ensure that this bill gets to committee. We must have the figures and know where they come from and we must be sure to present something that is going to improve the quality of life for the people living in rural areas who support our SMEs. This bill will really change things.

We hope to have the support of the House and to at least be able to refer this bill to committee. This bill will really change things for Canadians across the country.

[François-Philippe Champagne, Liberal, Parliamentary Secretary to the Minister of Finance]

Mr. Speaker, before I begin, I would like to thank my colleague once again for raising this important issue.

I can assure him that we are listening to Canadians. I meet with people every day. I have met with accounting firms and tax firms. We understand this issue, but the most important thing we have to do, as a government, is to understand that the greatest injustice we could do would be to introduce new tax loopholes in Canada. The $800 million figure is the figure provided by the Department of Finance, which has studied this issue at least as thoroughly as my colleague on the other side of the House. The $800 million figure is just the beginning; we expect it to be higher in subsequent years.

I am rising in the House to speak to my colleague’s bill, Bill C-274. The stated objective of this bill, to facilitate the transfer of family businesses to future generations in a family, seems commendable. It is the statement of principle by my colleague across the aisle. His proposed approach is to amend two long-standing anti-avoidance rules in the Income Tax Act. Those two measures have been in the Canadian tax code for a long time.

I am so pleased to be here this evening to discuss the repercussions that these fiscal changes may have. We often talk about unexpected consequences. My colleague's principle is worthy, but we have to take a close look at the measures themselves and really understand the fiscal consequences this could have for the country. I am sure all members of the House will agree that the intention behind this bill is good, and I want to go on the record as saying that my colleague's intention is very good. There is no doubt about that. Many of us are from rural parts of Quebec and Canada. We understand how things are for our farmers and entrepreneurs. I represent Shawinigan, which is, in a way, the beating heart of entrepreneurship in Quebec. We know all about entrepreneurship. We all come from places where small businesses can prosper, and we all want a fair tax system for all Canadians.

However, when weighing the merits of this bill, it is important to consider all the potential consequences of passing it. We must not lose sight of the fact that the tax rules that Bill C-274 proposes to amend exist for a reason, and that is to prevent people from engaging in inappropriate tax avoidance in Canada. Let us be clear about what Bill C-274 is proposing, and that is to soften the rules designed to prevent tax avoidance in Canada.

Let me explain. The proposed changes would dilute the anti-avoidance rules in sections 55 and 84.1 of the Income Tax Act. To help my colleagues fully understand what that means, let us first look at section 55 of the Income Tax Act. As currently worded, section 55 of the act applies to corporations that seek to inappropriately reduce capital gains by paying tax-free dividends between corporations. In short, the anti-avoidance rules consider such dividends to be a capital gain.

Two exemptions to the anti-avoidance rule authorize business restructuring by allowing company shareholders to split company shares between them, while deferring taxes. When those exemptions apply, any dividend paid between companies in the context of restructuring is not considered a capital gain.

The first exemption applies to the restructuring of related corporations, and the second applies to all corporate restructurings. Bill C-274 would broaden that first exemption, which we can call the related corporations exemption, so that it applies to brothers and sisters.

Spouses, as well as parents and their children, are eligible for this exemption because it is presumed that they have shared economic interests. However, brothers and sisters are considered to have separate and independent economic interests and are therefore not eligible for the related corporations exemption. That is consistent with other tax rules. For example, a family farm or fishing corporation cannot be transferred among brothers and sisters on a tax-deferred basis.

That being said, although brothers and sisters cannot restructure their participation in a corporation on a tax-deferred basis under the related corporations exemption, they can do it under the second exemption I mentioned earlier, which applies to all corporate restructuring. It is called the “butterfly exemption”.

Now the question is why siblings and their companies would want to have access to the first exemption if they can already achieve the same thing through the second exemption. The answer is that the conditions are less rigorous under the first exemption. The conditions are less rigorous because the companies are linked and are considered part of the same economic group at the time of restructuring. As a result, assets can be transferred on a tax deferred basis within a group of related companies regardless of the composition of assets.

Under the second exemption, known as the “butterfly exemption”, one condition requires a proportional distribution of the various types of assets transferred. The goal of this condition is to prevent tax avoidance.

By way of illustration, I would return to the example my colleague used of three siblings who each own one-third of a family farm corporation. Those siblings could reorganize the company's assets by transferring, on a tax deferred basis, those assets to their individual farm corporations by transferring their proportionate share of each type of asset from the family farm corporation.

There are fewer tax avoidance opportunities under the butterfly exemption because of the requirement that each of the brothers’ and sisters’ corporations must receive its proportional share of the assets of the corporation being restructured. If the proposed amendment to section 55 were passed, as my colleague suggests, the siblings could undertake a business restructuring in which the dividends paid between their corporations would not be treated as capital gains. The consequence of that would be to create new opportunities for tax avoidance in Canada.

I would also like to point out that Bill C-15, which received royal assent in June 2016, included an amendment that tightened the anti-avoidance rule set out in section 55, a rule that Bill C-274 would loosen. Consequently, if Bill C-274 were passed into law, we would be sending a message that conflicts with what Parliament recently decided concerning this particular provision.

I would now like to say a few words about the other anti-avoidance rule that Bill C-274 would loosen, the rule set out in section 84.1 of the Income Tax Act. This anti-avoidance rule may apply when an individual sells shares of one corporation to another corporation that is related to the individual.

For example, an individual might sell shares to a corporation owned by his child or grandchild. In such a case, the proceeds of the sale received by the seller may be considered, in certain circumstances, to be a taxable dividend instead of a capital gain, which is taxed at a lower rate or even exempt from tax if the lifetime capital gains exemption is available to the individual.

Bill C-274 would limit the application of the anti-avoidance rule by excluding the sale of shares of a corporation owned by an individual to corporations controlled by his children and grandchildren. However, that would facilitate the conversion of dividends into capital gains that are taxed at a lower rate or tax exempt. Such conversions of corporate dividends into capital gains taxed at a lower rate could be made as often as the managing owner wants to extract the corporation’s surpluses with tax deferral.

Significant tax planning would occur if Bill C-274 were passed. For example, a high-income shareholder could reduce his income tax by $17,500 for each $100,000 in business profits.

Another important point to consider is the fact that nothing is stopping a parent from selling shares of his family corporation directly to his child or grandchild and claiming the lifetime capital gains exemption on the capital gains arising from the transaction.

In closing, I think that the most important thing to say today is that nothing in Canada’s Income Tax Act prevents corporate transfers. My colleague’s proposal would create opportunities for tax avoidance.

The government listened to Canadians, and then it pledged to do everything in its power to make tax fairness a reality in Canada.

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

moved that Bill C-274, an Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), be read the second time and referred to a committee.

Mr. Speaker, I have to admit that I am very pleased to debate this bill. It is the first time that I have had the opportunity to introduce and debate a private member's bill in the House as I was unable to do so in the last Parliament.

Bill C-274 would correct and eliminate a gross injustice concerning the transfer of our farms and SMEs. This issue is more important than ever. Demographically speaking, 76% of small business owners plan to transfer ownership of their companies so that they can retire within the next 10 years, and 50% of farm owners want to do the same thing, also within the next 10 years.

The injustice that this bill is intended to remedy is that, if someone has a small business, a farm, or even a fishing boat and wants to sell it to his or her children, in a corporate structure, the seller, who is the owner of the small business or family farm in question, will pay much more income tax than if he or she decided to sell to a stranger.

In a very large number of cases, that means choosing between having a larger pension fund by selling to a stranger—since a pension fund is what business owners get when they sell their business—and having a smaller pension fund by selling to one’s children. The difference can be extremely large. If we ignore the tax planning that such a transaction can entail, for the sale of a farm worth $10 million, which, with all the assets, is quite often a reasonable price, selling to a child can cost up to $1.2 million more in income tax than if the farm is sold to a stranger. In the case of the sale of a business worth $1 million, the difference can be more than $300,000 in income tax.

The reason is very simple: if people want to sell to their children, to someone related to them, the difference between the sale price and the original price at the time of purchase is considered a dividend under the Income Tax Act. Consequently, it is treated like a dividend for tax purposes. Across the country, dividends are taxed at about 35% on average.

If business owners sell to someone who is not a family member, in other words, an unrelated person, a stranger, the difference between the sale price and the original price at the time of purchase is considered a capital gain. In that case, there is a lifetime exemption of about $825,000 for a business and about $1 million for a farm or a fishing boat. The remaining capital gain is taxed at about 25% on average. This explains the difference between selling to a stranger and selling to a child.

Obviously, it is unfair. In every constituency, we have business owners. People who want to sell their small business, their family farm, or their fishing boat in the Atlantic provinces, for example, are faced with an extremely heart-rending choice. Will they agree to sell their business to a family member and have $100,000, $125,000, or $150,000 less in their pension fund because they want their child to succeed them, because they want someone in the family to take over a business that they built with their own hands? They may not have the opportunity to do so if their pension fund is not large enough. Unfortunately, instead of selling to their child, who would be willing to take over, they have to consider selling to a stranger.

My bill seeks to correct this injustice. I admit that the bill is somewhat self-serving because this has been an ongoing problem in my constituency. In fact, the bill was prepared in co-operation with the farmers and SMEs in my riding. Rimouski-Neigette—Témiscouata—Les Basques is in the Lower St. Lawrence region, and 12% of the region’s economy is dependent on agriculture.

We have many family farms, especially dairy farms, as well as some maple sugar operations. In my constituency, it is not big companies that drive the economy. It is small businesses.

People, particularly those in the farming community, have been telling me about this situation since I first took office in 2011. They are being forced to choose between selling to a child at a tax loss and selling to a stranger.

The situation has become even more worrisome since there has been talk of land speculation. Certain people want to buy farmland to speculate on its value.

Such people have an advantage right from the start, since their offer means that the person selling the company or farm will have a lot less income tax to pay. The current situation is unfair.

My bill is designed to resolve the situation so that the sale of a family business or farm to a child will be treated as a capital gain, the same as if it were sold to a stranger.

There is no real reason to oppose such a measure. There are three reasons why such a measure may have been opposed in the past. First, this type of measure could open the door to aggressive tax avoidance, which is why things are the way they are now. However, my bill eliminates that possibility by requiring the buyer to retain his shares for a minimum of five years, except in case of death. People who retain their shares for five years do so because the family transfer was genuine and not because they were trying to work the system to avoid paying income tax.

The second reason why such a measure may have been opposed in the past is the argument that only the richest farmers or entrepreneurs would benefit from the measure. Once again, that is not the case with my bill because it deals only with transactions of $15 million or less. All transactions over $15 million, like those involving big farms or companies, are excluded from the terms of Bill C-274.

The third reason why such a measure could have been opposed, the last one I can think of, is the cost of the bill. Obviously, there will be a cost in lost revenue for the government. However, that cost is estimated not in the hundreds of millions of dollars, but between $75 million and $90 million. I know that different figures are being advanced, particularly by the finance department, but mine have been corroborated by many tax experts. The reason why we are talking about $75 million to $90 million is that, at present, all of this potential income tax paid by people who are selling small businesses or family farms is reduced through tax planning.

I can back up these figures with the following facts. Quebec, which has its own income taxation system, identified the same problem. It corrected it in its 2015 budget, and the correction has been implemented since March 2016. Its approach to fixing this problem is somewhat different than mine, but ultimately, Quebec estimates that eliminating this injustice will cost it some $15 million in lost revenue.

If Quebec loses $15 million, I think it is quite plausible that the lost revenue at the federal level would be around $75 million to $90 million.

This flagrant injustice has to be corrected. Speaking of injustice, imagine for a moment if the situation were reversed. Imagine if, currently, the rules for selling to a stranger and selling to one's child were the same, and then imagine if a member tabled a bill seeking to make selling to a stranger more appealing, would the House find that acceptable? Would it pass such a bill? Of course not; the question answers itself.

I would like to point out that I am not the only person in the House to note the problem. From what I understand, I should have the support of a great many, if not all, of the opposition members. I am eager to hear the speeches.

Let us not forget that, in June 2015, before the last election, the Liberal member for Bourassa tabled Bill C-691, which sought to correct this injustice regarding SMEs. My bill, at least so far as the SME component is concerned, was modelled on his bill as well as on that of my colleague from Berthier—Maskinongé, who drafted a number of clauses for farms and for fishing companies. My colleague from Joliette at the time also drafted a section on transactions between siblings.

My Liberal colleague at the time acknowledged the problem, and so did the government of Quebec, which then corrected it. I expect the hon. members to consider all of the small businesses and family farms in their ridings. I would also like members representing coastal constituencies to consider the impact this might have on fishing companies.

We are talking about small businesses and people who have worked all their lives to try and earn a living, people who, often, found themselves having to get their family business up and running again, as well as those who created it from scratch and now want it to stay in the family.

What this government has always been telling these Canadians is that they have to suffer this injustice when they sell their business to their children. In my opinion, that is totally unfair. Allow me to explain.

My colleague from Pierre-Boucher—Les Patriotes—Verchères had tried to table a bill in the wake of a situation that occurred in his riding and that made the headlines in May. Christian Tremblay, of Armoires Tremblay, in Saint-Mathieu-de-Beloeil, wanted to sell his company to his son Patrick, a company worth $1.7 million.

Imagine his surprise when he found out that, if he sold it to his son rather than to a stranger, he would have to pay $100,000 more in income tax. He considers the situation quite unfair. Will he sell to his son and make $100,000 less on a $1.7-million sale, or will he sell to a stranger so that he can keep that money in his account? The issue is receiving media attention, and thousands of new cases are bound to come up, at a growing rate, because of the demographic shift we will be going through over the next 10 years.

I would also like to talk about a problem that my bill will remedy, particularly in the regions. I would say that my bill may have greater importance in regions such as mine than it might have in major urban centres, because we are facing an exodus of young people.

In my constituency, young people are leaving the region for lack of employment opportunities; they go to school in urban centres, never to return again.

My bill will not fully remedy this situation. However, it will give our young people one more reason to stay in the region by giving them a better chance of acquiring the family business. It is something I hear about all the time in Rimouski-Neigette, Témiscouata and Les Basques, and I know that MPs from the regions have observed and heard the same thing.

I have covered a lot of kilometres in Canada promoting my bill. For two weeks last summer, I toured the Atlantic provinces talking to chambers of commerce, farming organizations and fishing organizations, to tell them about my bill, obviously, and find out if they would like to support it. In large part, they said yes.

I did the same thing in some parts of Quebec and Saskatchewan not long ago, and I will continue doing so until we vote on the bill at second reading. I think it is working, because I have enjoyed extraordinary support.

I organized a news conference when I introduced my bill last May. At my side was Dan Kelly, president of the Canadian Federation of Independent Business, who supports this bill.

I also have the support of the major chambers of commerce, including the Fédération des chambres de commerce du Québec, the metropolitan Montreal chamber of commerce, and different regional chambers in my riding and my region, as well as all over Quebec. Furthermore I have the support of the Canadian Federation of Agriculture, the Union des producteurs agricoles, the UPA, and other agricultural organizations all over the country. Finally, I have the support of fishers’ organizations, including the Nova Scotia Fish Packers Association, and I will have others as well. I will not abandon this fight.

I hope to have the support of the members of the House, who will see that this is not a partisan issue, but one that affects each of their ridings all over the country. In my view, it is a victory for common sense to vote in favour of this bill and so bring about tax fairness.

My bill rules out any possibility of fiscal abuse. It rules out the possibility that it will be disproportionately costly for the government, and it ensures that the richest owners or farmers are not going to be the ones to benefit.

Hence there is no reason to vote against this bill. I am eager to hear my colleagues on debate, and I hope to have their support so that this bill can be referred to the Standing Committee on Finance for second reading.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Welcome, everyone.

For the last couple of days we've heard a lot of colour on the issue of succession and intergenerational transfer of assets on farms. It seems to be, obviously, a sticking point, and something which, on first glance, in my humble opinion, needs to be addressed. Perhaps somebody could provide the devil's advocate's view on the other side. Why are the rules the way they are right now? Is there any reason they should be that way? I'm obviously going to take a look at Bill C-274, Mr. Caron's bill. I'm very curious. Tax policy is very important. It's part of innovation. It's part of making sure our economy runs smoothly.

I would like to hear from Mr. Lemieux, and any of you on the issue of why the rules may be the way they are, please. This is more for my benefit.

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

moved for leave to introduce Bill C-274, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation).

Mr. Speaker, my bill would end a blatantly unfair situation that puts business people, farmers, and fishing vessel operators at a disadvantage when they want to pass their business on to a child rather than a stranger. The difference is a big one. For a million-dollar business, the difference can be around $200,000 from a taxation perspective. For a $10-million farm, we are talking $2.2 million less if the owner sells it to a stranger rather than a family member. We have to do something about this. This bill is well thought out to avert any possibility of tax avoidance arising from these amendments. I hope that the members of the House will support my bill at second reading. I am pleased to introduce this bill.

(Motions deemed adopted, bill read the first time and printed)