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

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

Sponsor

Bill Morneau  Liberal

Status

This bill has received Royal Assent and is now 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, an excellent resource from 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. 2Government Orders

December 14th, 2016 / 4:35 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Madam Speaker, I would like to thank my colleague from Saint-Maurice—Champlain for a great question.

The members of the Bloc Québécois are dedicated. We are in Parliament to represent our constituents and the people of Quebec. That is what we are doing.

Bill C-29 contains some good measures, such as the child care benefit. There are good measures.

The tax cut for the so-called middle class, however, will benefit mainly the well-off middle class, which I belong to. I will be among the 10% of people in Joliette benefiting from this tax cut. I am thinking of the remaining 90%, whom this bill will not help enough.

Even though we are very happy with the amendments proposed today, Bill C-29 does too little for the real middle class.

I would also like to remind the government that, when it portrays itself as Canada's Robin Hood, that is just a mask. Beneath the mask is the Sheriff of Nottingham. We are here to strip away that disguise.

Budget Implementation Act, 2016, No. 2Government Orders

December 14th, 2016 / 4:30 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

You cannot imagine how pleased I am to speak to my own amendments to Bill C-29, Madam Speaker. In fact, the motion moved by the government repeats word-for-word the amendments that the Bloc Québécois presented to the finance committee. It is exactly the same as the amendments that we presented at report stage.

I am proud. I am proud of our work and of our people, who came together and mobilized. The experts, consumer advocates, the National Assembly, reporters, everyone stepped up. Today, we see that it is worth it to not give up. It is not always easy to swim against the current. However, in the end, standing firm pays off.

Speaking about standing firm, I would like to add that some members must not feel very proud today. I am referring to the 40 Liberal Quebec members who voted for Bill C-29 at second reading, who voted against our amendments not once but twice, in committee and in the House. They were the ones who always said that our criticisms were unfounded, that Bill C-29 was excellent, and that our amendments were ridiculous. No, those 40 MPs must not be proud.

Members have probably seen old RCA records, with the dog sitting next to a gramophone. That dog's name was Victor, and he was sitting there because he was listening to his master's voice. That is similar to what we have seen throughout the saga of Bill C-29: members from Quebec listening to their master's voice. Well, it looks like their master has abandoned them and even decided to support amendments made by the Bloc Québécois. Way to go Victor!

I will concede that this is not the first time Liberal members from Quebec are being pushed aside in favour of their Toronto master. Here is a quote from someone in my riding of Joliette. I challenge members to guess who it is. That little guy from Saint-Alphonse-Rodriguez said:

Much more fundamental questions are raised by these events: Who should the leader of the Liberal Party of Canada listen to on decisions that strictly affect Quebec? Should he follow [Quebeckers] or his Toronto advisers who know nothing about the social and political realities of Quebec?

That little guy from Saint-Alphonse-Rodriguez knew what he was talking about, and for good reason: he is former Quebec lieutenant for the Liberal Party and current mayor of Montreal Denis Coderre. Way to go Denis!

I may be proud, but I am not trying to gloat. In Canada, the battle is never truly won for Quebec. The Minister of Finance has already announced that there will be another episode of this bad TV series next year. He wants to come back with a bill that is not quite as flawed. He said that he wants to enhance the federal consumer protection framework and that, once he has done his homework, he is going to come back and try once again to put banks above Quebec's laws, which the banks hate. I wish him luck because it will not be easy.

In order to propose a bill that provides the same kind of protection that Quebeckers now enjoy, the government would have to draft nothing less than a federal version of the Civil Code. Here is another problem: either the future bill will not protect anyone because contract law does not fall under federal jurisdiction or it will be unconstitutional because contract law does not fall under federal jurisdiction. In short, the bill will either be ineffective or unconstitutional. That is quite the dilemma, and I say to him, “Good luck, Charlie Brown”.

The new year promises to be a busy one, and we are going to remain vigilant. For now, I will smile and thank everyone who took action against the rich bankers and their co-conspirators and sided with ordinary Canadians. I thank them and congratulate them.

I would like to wish everyone here a happy holiday season.

Madam Speaker, I greatly appreciate your best wishes for the holidays and the new year. I would also like to wish all members of the House, all employees, and their families and loved ones a merry Christmas and all the best in 2017. Madam Speaker, I would also like to wish you a merry Christmas.

Budget Implementation Act, 2016, No. 2Government Orders

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

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I very much appreciate the speech by my colleague from Rimouski-Neigette—Témiscouata. I left out “Les Basques” from my colleague's constituency name, but since it is Christmas, he will understand that although I forgot part of his riding, it is still just as important in his eyes.

I was listening to my colleague talk about how surprised we were to see that the members from Quebec did not notice that this clause on consumer protection in Quebec made its way into this substantial bill, Bill C-29.

I would like to understand how consumer protection in Canada would be improved by eliminating the consumer protection that already existed in one of the provinces. I am having a hard time following the government's logic on that. I would like to know if the hon. member came to the same conclusion that I did: no one in Quebec noticed the mistake that slipped into Bill C-29. Thank goodness for the opposition.

Budget Implementation Act, 2016, No. 2Government Orders

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

Guy Caron NDP 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. 2Government Orders

December 14th, 2016 / 4:10 p.m.
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Saint-Maurice—Champlain Québec

Liberal

François-Philippe Champagne LiberalParliamentary 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. 2Government Orders

December 14th, 2016 / 4 p.m.
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Conservative

Gérard Deltell Conservative 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. 2Government Orders

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

Guy Caron NDP 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. 2Government Orders

December 14th, 2016 / 3:45 p.m.
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Saint-Maurice—Champlain Québec

Liberal

François-Philippe Champagne LiberalParliamentary 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. 2Government Orders

December 14th, 2016 / 3:40 p.m.
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Liberal

Bardish Chagger Liberal Waterloo, ON

moved the second reading of, and concurrence in, amendments made by the Senate to Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures.

Quebec's InterestsStatements By Members

December 14th, 2016 / 2:05 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Mr. Speaker, so far this session, the federal government has made it clear that a step forward for Canada means a step backward for Quebec.

Exhibit A: Muskrat Falls. The government gave Newfoundland and Labrador a loan guarantee so that it can engage in unfair competition in the sale of hydroelectricity to the Americans.

Exhibit B: peanuts for Quebec cheese producers as so-called compensation for what they will lose when 17,700 tonnes of European cheese hits the Canadian market.

Exhibit C: Bill C-29 and the Liberal vote to undermine Quebec's consumer protection law.

Exhibit D: the government's refusal to support Bombardier.

In Ottawa, Quebec takes a back seat, but luckily, we are here. The Bloc will continue to speak out against government measures that are bad for Quebec. This government deserves coal in its stocking this Christmas.

All the same, my colleagues and I wish all Quebeckers and our parliamentary colleagues a merry Christmas and a happy new year.

I suggest they brace themselves, because when we come back, we are not going to go easy on them.

Political Party FinancingOral Questions

December 13th, 2016 / 3 p.m.
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Bloc

Simon Marcil Bloc Mirabel, QC

Mr. Speaker, yesterday, the Parliamentary Secretary to the Minister of Finance urged me to read the provisions of Bill C-29. He said:

He might want to know what he is talking about before asking a question. I can tell him very clearly that, in Marcotte, the Supreme Court asked us to clarify consumer protection provisions.

I read the Marcotte ruling. The court does not call on the federal government to do anything; rather, it requires the banks to respect Quebec and Quebec laws. In fact—

Consumer ProtectionOral Questions

December 13th, 2016 / 2:40 p.m.
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Toronto Centre Ontario

Liberal

Bill Morneau LiberalMinister of Finance

Mr. Speaker, consumer protection was a key component of our plan to support the middle class and promote economic growth.

That being said, we have listened to Quebeckers' concerns about their level of protection. That is why I asked the leader of the government in the Senate to remove division 5 of Bill C-29 so that we can reintroduce it following consultations on how to maintain a comprehensive and effective federal financial consumer protection framework.

Consumer ProtectionStatements By Members

December 13th, 2016 / 1:55 p.m.
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Bloc

Michel Boudrias Bloc Terrebonne, QC

Mr. Speaker, today, I am very proud to be a Quebecker. That is a feeling I know quite well, because we Quebeckers always stand our ground when what matters most to us comes under attack. Once again, Quebec stood up to the ambitions of the powerful Toronto banks. On behalf of the Bloc Québécois, the member for Joliette sounded the alarm with regard to Bill C-29, and we are extremely proud of that.

However, somebody somewhere had to get the message. Quebec's National Assembly got it. Consumer protection groups, the Chambre des notaires du Québec, legal experts, the media, and all of the opposition parties in Quebec and Ottawa got the message and passed it on.

The message that Quebeckers and the Quebec nation sent has been taken into account. People took notice. They presented an indomitable united front, something that does not occur often in the House. Solidarity is the foundation of our society, and it is no coincidence that, over the generations—

Consumer ProtectionOral Questions

December 12th, 2016 / 3 p.m.
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Bloc

Louis Plamondon Bloc Bécancour—Nicolet—Saurel, QC

Mr. Speaker, Bill C-29 limits consumer rights in Quebec and restricts Quebec's societal choices.

No need to rehash the debate when Quebec is unanimous: the National Assembly is against this bill, consumer protection groups are against it, the Chambre des notaires du Québec is against it, the Barreau du Québec is against it, and law professors are against it.

That says it all. Only the banks and the Liberals are in favour of the bill.

Why are the 40 Liberal members from Quebec serving the interests of the banks and not the interests of Quebeckers?

FinanceOral Questions

December 12th, 2016 / 2:35 p.m.
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Saint-Maurice—Champlain Québec

Liberal

François-Philippe Champagne LiberalParliamentary Secretary to the Minister of Finance

Mr. Speaker, I would like to begin by applauding my colleague's work on the Standing Committee on Finance.

He is well aware that the measures in Bill C-29 are a step forward and will help consumers across the country. He is well aware of that. In its Marcotte decision, the Supreme Court asked us to clarify that, and we took this opportunity to update the rules and create more rules to protect Canadian consumers.

My colleague is well aware that his constituents, like mine, will be protected under this new regime, and we will continue to work with the Senate on this issue.