Budget Implementation Act, 2016, No. 2

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

Sponsor

Bill Morneau  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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

Part 1 implements certain income tax measures proposed in the March 22, 2016 budget by

(a) eliminating the eligible capital property rules and introducing a new class of depreciable property;

(b) introducing rules to prevent the avoidance of the shareholder loan rules using back-to-back arrangements;

(c) excluding derivatives from the application of the inventory valuation rules;

(d) ensuring that the return on a linked note retains the same character whether it is earned at maturity or reflected in a secondary market sale;

(e) clarifying the tax treatment of emissions allowances and eliminating the double taxation of certain free emissions allowances;

(f) introducing rules so that any accrued foreign exchange gains on a foreign currency debt will be realized when the debt becomes a parked obligation;

(g) ensuring that amounts are not inappropriately received tax-free by a policyholder as a result of a disposition of an interest in a life insurance policy;

(h) preventing the misuse of an exception in the anti-avoidance rules in the Income Tax Act for cross-border surplus-stripping transactions;

(i) indexing to inflation the maximum benefit amounts and the phase-out thresholds under the Canada child benefit, beginning in the 2020–21 benefit year;

(j) amending the anti-avoidance rules in the Income Tax Act that prevent the multiplication of access to the small business deduction and the avoidance of the business limit and the taxable capital limit;

(k) ensuring that an exchange of shares of a mutual fund corporation or investment corporation that results in the investor switching between funds will be considered for tax purposes to be a disposition at fair market value;

(l) implementing the country-by-country reporting standards recommended by the Organisation for Economic Co-operation and Development;

(m) clarifying the application of anti-avoidance rules in the Income Tax Act for back-to-back loans to multiple intermediary structures and character substitution; and

(n) introducing rules to prevent the avoidance of withholding tax on rents, royalties and similar payments using back-to-back arrangements.

Part 1 implements other income tax measures confirmed in the March 22, 2016 budget by

(a) allowing greater flexibility for recognizing charitable donations made by an individual’s former graduated rate estate;

(b) clarifying what types of investment funds are excluded from the loss restriction event rules that otherwise limit a trust’s use of certain tax attributes;

(c) ensuring that income arising in certain trusts on the death of the trust’s primary beneficiary is taxed in the trust and not in the hands of that beneficiary, subject to a joint election for certain testamentary trusts to report the income in that beneficiary’s final tax return;

(d) clarifying that the Canada Revenue Agency and the courts may increase or adjust an amount included in an assessment that is under objection or appeal at any time, provided the total amount of the assessment does not increase; and

(e) implementing the common reporting standard recommended by the Organisation for Economic Co-operation and Development for the automatic exchange of financial account information between tax authorities.

Part 1 also amends the Employment Insurance Act and various regulations to replace the term “child tax benefit” with “Canada child benefit”.

Part 2 implements certain goods and services tax and harmonized sales tax (GST/HST) measures proposed or confirmed in the March 22, 2016 budget by

(a) adding certain exported call centre services to the list of GST/HST zero-rated exports;

(b) strengthening the test for determining whether two corporations, or a partnership and a corporation, can be considered closely related;

(c) ensuring that the application of the GST/HST is unaffected by income tax amendments that convert eligible capital property into a new class of depreciable property; and

(d) clarifying that the Canada Revenue Agency and the courts may increase or adjust an amount included in an assessment that is under objection or appeal at any time, provided the total amount of the assessment does not increase.

Part 3 implements an excise measure confirmed in the March 22, 2016 budget by clarifying that the Canada Revenue Agency and the courts may increase or adjust an amount included in an assessment that is under objection or appeal at any time, provided the total amount of the assessment does not increase.

Division 1 of Part 4 amends the Employment Insurance Act to specify what does not constitute suitable employment for the purposes of certain provisions of the Act.

Division 2 of Part 4 amends the Old Age Security Act to provide that, in the case of low-income couples who have to live apart for reasons not attributable to either of them, the amount of the allowance is to be based on the income of the allowance recipient only.

Division 3 of Part 4 amends the Canada Education Savings Act to replace the term “child tax benefit” with “Canada child benefit”. It also amends that Act to change the manner in which the eligibility for the Canada Learning Bond is established, including by eliminating the national child benefit supplement as an eligibility criterion and by adding an eligibility formula based on income and number of children.

Division 4 of Part 4 amends the Canada Disability Savings Act to replace the term “child tax benefit” with “Canada child benefit”. It also amends the definition “phase-out income”.

Division 5 of Part 4 amends the Royal Canadian Mint Act to enable the Royal Canadian Mint to anticipate profit with respect to the provision of goods or services, to clarify the powers of the Royal Canadian Mint, to confirm the current and legal tender status of all non-circulation $350 coins dated between 1999 and 2006 and to remove the requirement that the directors of the Royal Canadian Mint have experience in respect of metal fabrication or production, industrial relations or a related field.

Division 6 of Part 4 amends the Financial Administration Act, the Bank of Canada Act and the Canada Mortgage and Housing Corporation Act to clarify certain powers of the Minister of Finance in relation to the sound and efficient management of federal funds and the operation of Crown corporations. It amends the Financial Administration Act to provide that the Minister of Finance may lend, by way of auction, excess funds out of the Consolidated Revenue Fund and, with the authorization of the Governor in Council, may enter into contracts and agreements of a financial nature for the purpose of managing risks related to the financial position of the Government of Canada. It also amends the Bank of Canada Act to provide that the Minister of Finance may delegate to the Bank of Canada the management of the lending of money to agent corporations. Finally, it amends the Canada Mortgage and Housing Corporation Act to provide that the Bank of Canada may act as a custodian of the financial assets of the Canada Mortgage and Housing Corporation.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

  • Dec. 6, 2016 Passed That the Bill be now read a third time and do pass.
  • Dec. 5, 2016 Passed That Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
  • Dec. 5, 2016 Failed
  • Dec. 5, 2016 Failed
  • Dec. 5, 2016 Failed
  • Dec. 5, 2016 Passed That, in relation to Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
  • Nov. 15, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
  • Nov. 15, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, since it proposes to continue with the government’s failed economic policies exemplified by and resulting in, among other things, the current labour market operating at “half the average rate of job creation of the previous five years” as noted in the summary of the Parliamentary Budget Officer’s Report: “Labour Market Assessment 2016”.”.
  • Nov. 15, 2016 Failed That the amendment be amended by adding after the words “exemplified by” the following: “a stagnant economy”.
  • Nov. 15, 2016 Passed That, in relation to Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 3:45 p.m.
See context

Saint-Maurice—Champlain
Québec

Liberal

François-Philippe Champagne Parliamentary Secretary to the Minister of Finance

Mr. Speaker, I would like to add my voice to all of the others and wish you a Merry Christmas and to thank you for enlightening us every day that we spend with you. I would also like to thank my amazing colleagues on this momentous day.

I think that the people who watch this debate will understand why this is so important on the last sitting day of the House before Christmas. We are doing something special for Canadians, and something they will remember.

My speech this afternoon might interest all parliamentarians because it is a speech in favour of the middle class, Canadian families, and people in every one of Canada's ridings who sent us here to Ottawa.

I am very pleased to be here to talk about Bill C-29, budget implementation act, 2016, No. 2. Before going over the many major benefits of this bill for Canadians across the country, I would just like to reiterate the government's commitment to strengthening the current protection system for consumers of financial products and services. We have talked about this at length and in this speech I want to clarify the government's position.

Part of our commitment is to ensure that there is a solid, effective, and consistent system in Canada that guarantees the highest protection standards for all consumers of financial services in the country, regardless of where they live in Canada and regardless of the bank they do business with.

As a member from Quebec, I would like to commend the extraordinary work of the 40 Liberal members of the government, who do a great job of championing Quebeckers and their position on this important issue. I thank them for that. They have done the work their constituents sent them here to Ottawa to do. They greatly contributed to ensuring that we consider every point of view that was expressed in this important file. I sincerely thank my colleagues.

As everyone knows, we have listened to our colleagues from Quebec and to Quebeckers, who told us how important it is for them to have a high level of protection in the banking sector, in Quebec and across the country. We have listened to the Quebeckers who sent us here, to the House. That is why the leader of the Senate, the hon. Senator Harder, has tabled an amendment that will remove from the bill the current provisions for the banking sector, namely the consumer protection measures, so that we can ask the Financial Consumer Agency of Canada, the FCAC, to ensure that the federal protection system is as solid as any provincial protection system. That way we can see to it that our objective, the one we have had since the beginning, of having the highest overall level of protection for Canadians all over the country, can absolutely be achieved in a way that will meet our goals and ensure that Canadian consumers are protected.

What has driven us from the beginning is that, thanks to the work of all my colleagues, we succeed in putting in place the best possible system, in order to defend the higher interest of consumers.

Canadians deserve to have access to a consistent national banking system that is easy to understand, a banking system that has high consumer protection standards, is designed to meet the needs of consumers of financial products and services, and is applied in the same way regardless of where consumers may live.

We remain strongly committed to organizing and strengthening consumer protection measures, making access to basic banking services easier, and improving the rules surrounding current business practices governing the way that banks deal with their customers.

We must not forget the creation of new obligations for the banks to strengthen disclosure provisions, improve complaint processing, and reinforce governance and organizational accountability for consumer protection.

Our objective is simple. It is to make the consumer protection system easier to understand and to prevent consumers from having to consult several sets of rules that apply to the same financial products and services, whether they are doing business in person or online.

We want to increase the obligations imposed on banks and hold them accountable for improving outcomes for consumers and for treating those consumers fairly all across the country.

That is why we will be working together with stakeholders and the provinces to ensure that the framework is strengthened so as to meet the highest standards, as was our initial objective, and we are going to achieve this with the sole objective of protecting consumers all over the country.

Under the Constitution, the banks lie within federal jurisdiction, and that is how it has been in this country for 150 years. This responsibility includes that of ensuring that the banks are solid and that of establishing standards governing their operation to ensure they meet the needs of Canadians, of course.

To that end, we have to oversee the establishment of a rigorous system for protecting consumers of financial products and services that is applicable in the same way throughout the country. I know that this is an issue that the House fully understands. The proposed improvements would make it possible to employ a broader spectrum of personal identification documents to open an account or cash Government of Canada cheques, and this is one of the measures that affect the people who sent us here, to Ottawa.

I can say that this measure is going to benefit people in the regions north of my riding, including certain indigenous communities, because they are having difficulty accessing banking services and cashing federal government cheques. This system will give them easier access to certain banking services.

The rules we are introducing also add a new prohibition on imposing undue pressure on consumers, and apply cancellation periods to a wider range of products and services.

Summary information boxes would be mandatory for a larger number of banking products and services, and accountability would be improved, notably thanks to requirements for banks to report on measures taken to meet the challenges faced by the most vulnerable Canadians.

Improvements would also strengthen the current complaint management requirements, so as to require banks and external complaint processing bodies to report on the number and nature of complaints received. All of these measures would guarantee that the banks are answerable for their actions.

We know that consumers are better protected when rules and rights are clearly laid out for all stakeholders. Similarly, it is easier to ensure that banks are accountable when the rules to be followed are clear and exhaustive, when they are national in application and when compliance is ensured by a designated federal regulatory agency such as the FCAC.

Our government has promised to protect the interests of middle-class Canadians and those of persons working hard to join the middle class, and we will continue to do so, particularly with regard to the protection of consumers of financial products and services.

I would also like to note how the amended budget implementation act, 2016, No. 2 would continue to make a very substantial contribution to the achievement of our objective of growing the economy, to the benefit of families, workers, and the most vulnerable members of our society.

The strengthening of the middle class and the establishment of conditions conducive to sustainable economic growth are the main priorities of our government. Tax fairness is an important part of our commitments in this regard, as is the adoption of a tax system that functions as planned and contributes to fostering an economy that works for the entire population.

As there are only a few moments left in this momentous day, I invite all members to reflect about who sent them to Ottawa, whether they are young, old, workers, families, or the people working in their riding, because these people all sent us here with a mission, and that is to properly represent their interests.

Members will find in C-29, budget implementation act, 2016, No. 2, measures that will help the people who sent us to Ottawa. All members should vote for this bill as they will be voting to support the people who sent them here.

This is a momentous day for Canada, and everyone will remember the day when we rose to work for Canadians.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 3:55 p.m.
See context

Conservative

Gérard Deltell Louis-Saint-Laurent, QC

Madam Speaker, in a few minutes, I will respond to the parliamentary secretary's arguments, which were rather creative at times.

I would like to put a question to the minister, or I should say the parliamentary secretary. That was a Freudian slip. Two days ago, the minister did say that he would come back later with new legislation on banks and consumer protection.

Can the parliamentary secretary assure us that the next time he rises in the House to introduce a bill, he will have first obtained, if only in principle, the consent of all the provinces, especially Quebec, which, as he knows, has the most rigorous and robust consumer protection framework?

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 3:55 p.m.
See context

Liberal

François-Philippe Champagne Saint-Maurice—Champlain, QC

Madam Speaker, I would like to thank my colleague from Louis-Saint-Laurent, for whom I have tremendous respect, and send my best wishes to his family this holiday season. I would also like to thank my colleagues, who have been working for Canadians all year long.

Although my colleague is well informed about current issues, I must remind him about something in response to his question. From day one, our goal has been to provide Canadians with the best regulatory framework for consumer protection in both Quebec and the rest of Canada.

I can assure my colleague from Louis-Saint-Laurent that we have been consulting with the provinces and various organizations all along. We will continue to hold consultations to ensure that we develop the best possible legislative framework.

Every time we have risen in the House, we have sought to protect consumers because what they need is a framework that will protect them. That has been our goal, it is our goal, and it will continue to be our goal when we introduce the next bill.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 3:55 p.m.
See context

NDP

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

Madam Speaker, I would like to talk more about that.

The member for Louis-Saint-Laurent asked a straightforward question. For two or three weeks, the government did not listen to the arguments of the opposition, the Senate, the Chambre des notaires du Québec, or consumer protection groups who were saying that Bill C-29 decreased consumer protection and infringed on Quebec's jurisdiction.

What the member for Louis-Saint-Laurent was saying in his question is that the minister seems to be suggesting that he is going to come back with new consumer protection legislation, even though this is an area of provincial jurisdiction.

We did not want to know whether the government was going to introduce new consumer protection legislation or not. What we wanted to know was whether the government was going to get the consent of the provinces, including Quebec, before doing so, so as not to infringe on provincial jurisdiction.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 3:55 p.m.
See context

Liberal

François-Philippe Champagne Saint-Maurice—Champlain, QC

Madam Speaker, on this memorable day, I would like to recognize my colleague because he is an important member of the Standing Committee on Finance. He, too, had the opportunity to examine this bill.

I can assure him that departmental officials have always consulted the stakeholders from the various provinces, including Quebec, obviously. I can assure him that we listened to Quebec consumers. We also listened to the 40 Liberal government MPs on this side of the House, who shared the concerns they were hearing from their constituents.

That is why we agreed to take a step back to ensure that we are providing Canadians, including Quebeckers, with the best financial consumer protection framework in the country.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4 p.m.
See context

Bloc

Gabriel Ste-Marie Joliette, QC

Madam Speaker, my colleague spoke of a federal protection framework that is as solid as the one in Quebec. Does he intend to put in place legislation as extensive as the Quebec Consumer Protection Act, which is 117 pages long and has more than 400 pages of schedules and regulations?

Will he also institute a system of civil law at the federal level, since class actions come under the Civil Code?

Can the member assure us today that his statement that the federal protection framework will be as solid as that of Quebec is true?

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4 p.m.
See context

Liberal

François-Philippe Champagne Saint-Maurice—Champlain, QC

Madam Speaker, I would first like to say hello to my colleague and thank him for his contribution.

In short, I can say that we will continue to listen to all stakeholders in the provinces in order to establish the best consumer protection framework. That has been our goal from the beginning, and my colleague knows it. We will continue to listen and to work together to offer the best possible framework to Quebeckers.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4 p.m.
See context

Conservative

Gérard Deltell Louis-Saint-Laurent, QC

Madam Speaker, on behalf of all of my colleagues, thank you for your good wishes. We also extend our best wishes to everyone who helps keep the House of Commons running smoothly.

As everyone knows, it gives me great pleasure to rise and speak in the House. Today especially, I am pleased to vote and speak in favour of the amendment presented by the Senate regarding Bill C-29. I do not like anything about this bill, but the proposed amendment is a fine moment for the House of Commons.

The politicking has been really obvious these past few days. Everyone is tugging on the blanket, saying that they are the ones who got things done. The reality is that all Canadians are the winners. Well done.

First, I want to commend the work of my colleague from Joliette, who on November 17, 2016, if I am not mistaken, was the first to raise the issue and bring the debate to parliamentary committee and to the House of Commons. I also want to commend my NDP colleague from Rimouski-Neigette—Témiscouata—Les Basques who is doing a great job, as well as the Chair for its co-operation.

I would also like to commend the government for finally listening to reason and making the right decision, after admittedly creating some unfortunate uncertainty. It is never easy in politics to backtrack, to take a step back and admit that the first step was not the right one and that we have to take another. The government did that, and that is good.

I also commend our Senate colleagues, Senator Carignan, leader of the official opposition, and Senator Pratte, a new independent senator, who also alerted the government to the problems related to consumer protection in Bill C-29.

In short, Bill C-29 contained what we would call a constitutional virus. There were several clauses, division 5 in its entirety, that directly affected consumer protection. From our perspective, that is a provincial jurisdiction.

There was input galore from the opposition parties here in the House, in the Senate, and also from the National Assembly, which, in a unanimous motion appealed to the government on this, on behalf of Quebec's justice minister and the member for the Outaouais region, and on behalf of the Premier of Quebec, who even warned the government that if by some misfortune this bill were passed, it was highly likely that the Government of Quebec would challenge it in court. Finally, each individual's efforts and sacrifice for the good of the many and this government's understanding, albeit a bit delayed, are why we are gathered here today.

Let me explain some of the history of this bill. We have to go back to 2012. At that time, the federal government tabled in the House of Commons a bill that covered and addressed a lot of issues about the banking system.

As members know, the banking system belongs to the federal government, but in 2012, this bill addressed some of the issues concerning consumer protection. Then, also in 2012, we were aware of that in the National Assembly. I am using the word “we” because I was there at the time. I was a member of the National Assembly. That may remind many colleagues of some bad memories.

However, I was one of those who voted for a unanimous resolution in the National Assembly, calling on the House of Commons, saying that consumer protection was a provincial jurisdiction, not a federal one.

In 2014, the Supreme Court, in the Marcotte decision, clearly identified that consumer protection was a provincial jurisdiction, not a federal one.

At the time, our government, having acknowledged the 2014 Supreme Court ruling, was preparing to make changes to prevent what has been happening over the past few weeks, and that is a law that allows the federal government to once again infringe on the provinces' jurisdiction.

Bill C-29 is the bill that will implement the Liberal's bad budget, which I will come back to later. Sadly, this bill contained what we call a constitutional virus, one that would have sent us straight for a brick wall. The only thing this bill would have accomplished is to give hundreds of thousands of dollars to lawyers who already knew it was a lost cause.

In 2014, the Supreme Court ruled that consumer protection was an area of provincial jurisdiction, not federal. The federal government was trying to take it over with Bill C-29. We were headed for constitutional disaster. That was not a good thing because it would have cost money and taken time to get back to where we started.

As I was saying earlier, everyone's hard work and sacrifices on behalf of Canadians have made the government see reason. Bill C-29 contained a constitutional virus, but that is going to be remedied today, which is wonderful.

However, this is still a bad bill because it implements bad measures from the Liberal's bad budget. I would like to talk more about that.

I want to remind members that this budget provides for a $30-billion deficit, which is three times the amount promised by the Liberals. During the election, the Liberal Party promised that it would run small $10-billion deficits and that it would balance the budget at the end of three years. However, the reality is quite different. We are talking about a $30-billion deficit. When will the budget be balanced? It will only be balanced when the Conservatives return to power in three years.

Is this not the government that was boasting about taking a balanced approach, promising to change the tax code, promising that Canadians would be more fairly treated? Is the government aware that 65% of Canadians are not affected by the so-called tax cuts and that anyone earning $45,000 or less per year is not affected by the Liberal measures? Is the government aware that the people who will benefit the most from these supposed tax cuts are those earning between $144,000 and $199,000 per year? Are those people part of the middle class? No.

I confess that I am in conflict of interest on this. As a member, I am among Bill C-29's privileged few, which means that I will be paying less income tax. I do not feel that this is a good thing. The people who earn $44,000 are members of the middle class. Yet the government is granting them no tax cuts.

The government sees itself as a sort of noble Robin Hood figure, taking aim at the poor souls who have the misfortune of earning $200,000 a year. A word of caution, sometimes bowstrings can snap, as seems to have happened in this case. Those who are in greatest need are not affected by the proposed measures.

Time is passing, the last thing I want is to get carried away. That never happens to me. The holiday season is upon us, so let us play nice. The holidays are coming and we all realize that we are in politics for the benefit of future generations. As inheritors of our parents' legacy, we now work for our children's future.

I have been elected four times, and have served four terms as a member, whether of the National Assembly or the House of Commons. Tradition has it that I should appear at the ballot box accompanied by my parents and my children; that is part of my political commitment. I am there thanks to my parents and for my children.

In closing, then, allow me to salute those without whom I would not be here, namely my parents, who tomorrow, December 15, will be celebrating their 65th wedding anniversary.

We all get carried away sometimes. That said, it will now be my pleasure to take my colleagues’ questions.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4:10 p.m.
See context

Saint-Maurice—Champlain
Québec

Liberal

François-Philippe Champagne Parliamentary Secretary to the Minister of Finance

Mr. Speaker, I salute my colleague from Louis-Saint-Laurent's parents. I hope they are listening.

The only virus people were afflicted with was the Conservative virus. They found the antidote on October 19 when they elected a Liberal government. Canadians have spoken loud and clear.

People are watching us on television right now, and I know some of them in the riding of Louis-Saint-Laurent.

What does Bill C-29 mean? It means lower taxes for nine million Canadians, some of which live in my colleague's riding and are watching us right now. They will see if the member for Louis-Saint-Laurent is going to vote for or against this tax cut that will affect them. Some of these people live in Louis-Saint-Laurent, and also in Lévis—Lotbinière, a riding I know very well because my mother lives there.

Nine out of ten families from coast to coast will benefit from the Canada child benefit, including some who call the riding of Louis-Saint-Laurent home. Will the member for Louis-Saint-Laurent say yes or no to these families receiving a much needed cheque?

We enhanced seniors' pensions. Seniors in Louis-Saint-Laurent will be watching him . Will the member vote for or against seniors in his riding? I know him. He will do the right thing.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4:10 p.m.
See context

Conservative

Gérard Deltell Louis-Saint-Laurent, QC

Mr. Speaker, one thing is for sure: I will never vote for a budget that creates a deficit that is three times larger than expected, especially considering that the government has never been able to tell us when the books will be balanced again, even if I asked 14 times and would ask again if I had more time.

I will vote against a budget that purports to help the have-nots while giving no tax breaks to the 65% of Canadians who earn $45,000 or less a year. Those who benefit the most from these so-called tax cuts are those who earn $199,000 a year.

I will vote against a budget that sends any kind of control over family benefits flying out the window. We Conservatives had four family benefits programs in place and we still managed to balance the budget.

This government introduced family benefits that are not even indexed. In any business, bookkeepers who did not index their numbers would be shown the door, which is not the case for this government.

However, in three years, this government will be the one to be shown the door.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4:10 p.m.
See context

NDP

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

Mr. Speaker, I thank my hon. colleague from Louis-Saint-Laurent, who is always so entertaining. His parents are celebrating their 65th wedding anniversary tomorrow, and mine are celebrating their 50th in six months. A most pleasant coincidence!

I would like to ask him a question which, once again, concerns areas of jurisdiction. He has made a good statement, and I am going to make mine in the ensuing speech. I am truly concerned at the fact that the government seems not to understand the message that it has been sent.

The consumer protection that the Liberals want to strengthen at the federal level lies within provincial jurisdiction. So I have a great deal of difficulty reconciling the federal government’s willingness to continue proposing such legislation even though it deals with a matter of provincial jurisdiction.

Would my colleague care to add something to this exchange, one which will hopefully significantly influence the direction that the government wishes to take on this issue?

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4:10 p.m.
See context

Conservative

Gérard Deltell Louis-Saint-Laurent, QC

What wonderful news, Mr. Speaker. I offer my respects to the half-century of love between the parents of the hon. member for Rimouski-Neigette—Témiscouata—Les Basques.

My colleague raises a very good and very important point. The government will have understood over the last few hours that consumer protection is a provincial responsibility. The banks are within federal jurisdiction, and consumer protection is within provincial jurisdiction.

Will there be flowery speeches about appropriate consultations and taking the time we need even though this will not be on our radar come April or May? If that is the case, then fine. Let us buy some time, friends. If that is what they want, no problem. We are not opposed. Let us keep consulting.

I have one bit of advice for my colleague: let him call minister Jean-Marc Fournier, whom the people in his riding know very well since he is the former senior advisor to the former leader. I advise the hon. member to call Jean-Marc Fournier, a good friend of mine. He is so Liberal he is redder than the Canadian flag. He would advise the Liberals to let this go, because it is an area of provincial jurisdiction.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4:15 p.m.
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NDP

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

Madam Speaker, I rise in the House for the last time in 2016, and I wish every member of the House, especially my colleagues who sit on the finance committee, happy holidays, merry Christmas and all the best for 2017. I hope everyone will use the next few weeks to get some rest.

My final thoughts will not be in praise of the government. Today the government indulged in some interesting revisionism regarding what happened over the last weeks. Clearly, the parliamentary secretary should go back to Hansard so see what answers he gave in the House and what was discussed in the finance committee. He would realize that no one on the government side, no one among the 40 Liberal MPs from Quebec, not a single Liberal member of the House uttered a single word on consumer protection jurisdiction. Until very recently, before the minister did an about-face, the answers we got—the last one just two days ago—were still about defending the government's decision to go ahead with division 5, the amendments to the Bank Act.

The government decided to delete the provisions, thanks to the efforts of all opposition parties. Like my colleague from Louis-Saint-Laurent, I, too, would commend the members of the Bloc Québécois, the Conservative Party and the NDP on all their work. I also commend the Senate, particularly independent senator André Pratte, who kept pressing the issue. Consumer associations that were invited to appear before the committee to share their concerns about consumer protection and federal interference also helped to make sure that the government backed down on this issue.

Why is it so important? If I am concerned, it is because the government does not seem to understand that the main issue is not the level of protection enjoyed by Canadian bank customers. The main issue is that consumer protection is a provincial jurisdiction. Given what we have just heard, the minister is clearly trying to find another way of imposing a consumer protection framework even if that is outside federal jurisdiction.

I am worried by the government’s interpretation of the famous Marcotte ruling. This was a class action against the Bank of Montreal. Mr. Marcotte went to court to challenge certain fees which he felt were far too high, in addition to being hidden. He went to court to complain about these fees. In the end, the Bank of Montreal and all the banks were saying that they did not need to comply with the Consumer Protection Act, because they operate under federal jurisdiction. The case went to the Supreme Court.

Contrary to what the government has persisted in saying, the Supreme Court did not ask the government for jurisdictional clarification. The Supreme Court established that the Bank Act was applicable, the Consumer Protection Act was applicable, and the two could coexist very well, since they were complementary. The Bank Act covers the operation of the various banking programs, and the Consumer Protection Act, self-evidently, covers consumer protection.

What the Marcotte ruling said was that the Consumer Protection Act was applicable. The Supreme Court never asked the government to look into the issue and assume control of the consumer protection issue, for Quebec or for the provinces generally.

Why is this a problem? Why was it a problem with regard to the jurisdiction from which we will shortly be withdrawing? The legislation created a conflict between the federal statute and the provincial statute. There is a principle called the principle of federal paramountcy, which holds that if two laws, one federal and one provincial, touch upon the same issue, the federal law will have primacy.

With regard to the Marcotte ruling, the Supreme Court said that there was no conflict, in spite of what the banks tried to make it say.

In trying to recover these powers, in trying to impose this, they created a conflict between the federal side and the Consumer Protection Act. Having created that conflict, they found themselves invoking federal paramountcy.

I would argue this is where the government’s argument failed. It is the same kind of argument the consumer protection agencies, in particular, were making, saying that the government was trying to interfere and create a problem where there was none. Obviously, the Chambre des notaires and the Barreau du Québec were saying the same thing.

That is why we are happy to see these clauses being withdrawn, indeed, to see the entire opposition in this House working in the same direction to encourage the Senate to take a look at this. Quebec, starting with the opposition in Quebec City and then the government, saw that there was a major problem, and asked the federal government to make some changes and remove these clauses. The various civil society groups did the same thing. Finally the government has listened to reason. We hope that it will learn a valuable lesson from what has happened when the time comes to make decisions which could effectively encroach upon provincial jurisdictions.

In that sense, I invite the Liberals to do some soul-searching over the holidays. We will have a few weeks to replenish ourselves. This is the perfect time to do it. I am truly very happy to have been able to play a small part in this decision. Once again, all of the opposition parties have been involved in this.

I will close by adding a few more words on Bill C-29, and perhaps replying to what has been said on the government side. They talk often of the 9 million Canadians who are going to benefit from the tax cuts. But they are always silent about the fact that 23 million Canadians, most of them earning less than $45,000, will benefit in no way from these cuts. I would prefer that they show a little more honesty. Certainly, there will be a tax reduction. They will increase taxes on the 1% richest people, but that money will not be given to the middle class as a whole. It will be given in large part to the 9% of people who are the richest. My colleague from Louis-Saint-Laurent mentioned this: the people earning under $45,000 will receive nothing from the tax cut. Those earning between $45,000 and $90,000 will benefit a little from the tax reduction, but mostly it will be those earning over $90,000 and up to close to $200,000 who will benefit from it. Even those earning $210,000 per year will still enjoy a tax cut. But the people earning $45,000 will get nothing at all. That is one of the problems with the Liberal program. We tried to correct the situation by making it possible for people to get a tax reduction starting at $11,000, but the government would have nothing of it.

The second thing, also mentioned by my colleague from Louis-Saint-Laurent, is the fact that when the Canada child benefit program was set up, they forgot to index it. That is a major problem because the lack of indexing would have meant that the program would have been less advantageous for most families starting in 2022-2023. For this we can thank the parliamentary budget officer, who conducted a rigorous study on the subject. As if by chance, the afternoon after the report was published, the government finally said that it wanted to index the program and would do so starting in 2020-2021, that is, after the next federal election.

Can we really believe that this was part of the government’s plans? It never mentioned indexing when the program was announced, when it was set up. In the end, it took the publication of a report for them to realize that not indexing would mean that the government’s initiative was going to be less beneficial within six years. Even taking into account the amendments to Bill C-29, we are going to find ourselves in a situation where loss of purchasing power is going to come dangerously close to the level that families would have had with the old program.

So instead of congratulating ourselves on different initiatives—initiatives whose value or lack thereof we can debate, initiatives that are going to affect different groups of Canadians to different degrees—for 2017 I would like to wish the House debates that are more rigorous in terms of economic analysis. I am an economist by training, and I like rigour. There is always room for partisan viewpoints. That is normal: we function on the adversarial principle. It’s normal that we should have differing positions, but all the same, we ought to be more rigorous and disciplined in the exercise of our duties.

That is what I wish us all for 2017.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4:25 p.m.
See context

Saint-Maurice—Champlain
Québec

Liberal

François-Philippe Champagne Parliamentary Secretary to the Minister of Finance

Madam Speaker, I listened with great interest to the speech made by the member for Rimouski. I am sorry, I always have a hard time stating the full name of his riding, Rimouski-Neigette—Témiscouata—Les Basques.

I think we all have made a step forward, not backwards. Society as a whole made a step forward, because our objective from the start was to establish the best possible framework for all consumers.

The hon. member, who sits on the finance committee and who speaks a lot about these issues, should also go back to Hansard. People talked about this in committee. I would like to review my colleague's comments. Since the holidays are upon us and a new year will begin soon, I hope he will help us deliver the best possible framework, not only for Quebeckers, but for all Canadians.

This is not about weakening the protection framework. What we are saying is that we need to take the best practices from all over the country and have all consumers benefit from them. That is our goal. I hope the hon. member will be on side. It would be illogical to sit at the federal level and not want to offer good protections in every province.

My wish for 2017 is to have the member share his ideas regarding the best possible consumer protection framework when it comes to banks.

Budget Implementation Act, 2016, No. 2
Government Orders

December 14th, 2016 / 4:25 p.m.
See context

NDP

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

Madam Speaker, I would like to take this opportunity to wish my colleague, for whom I also have a lot of respect, a joyful holiday season and a very happy 2017. I look forward to seeing him again.

We are here to work for Quebeckers and Canadians. There is a problem with his reasoning. Yes, I believe politicians should work to improve consumer protection, but if we follow that logic to its conclusion, we would want the federal government to be responsible for making sure that the whole country benefits from the best possible education. That is not its job, nor is it the federal government's job to do that for health or hospital administration. We have provincial jurisdiction, and we have federal jurisdiction. Consumer protection falls under provincial jurisdiction. That is what I want the government to understand, and that is what I want the Minister of Finance and the Department of Finance to understand before they come back with another consumer protection proposal, even one concerning the Bank Act. The Supreme Court was clear. The Consumer Protection Act does not conflict with the Bank Act.

Why would the government want to create conflict by superimposing a federal framework on a provincial law that is perfectly suited to our needs? We would like to see all of the provinces adopt as strict a regime as Quebec's.