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.

Report StageBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 12:30 p.m.
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Liberal

David Graham Liberal Laurentides—Labelle, QC

Mr. Speaker, I want to congratulate my colleague on his speech. He talked about numerous positive measures in the budget.

I want to come back to one specific point. He touched on the benefits for seniors. Under Bill C-29, couples who are receiving the guaranteed income supplement and the spouse's allowance but have to live apart for reasons beyond their control, such as the need for long-term care, will each receive benefits based on their individual income.

For the benefit of those watching us, can the member elaborate on this and paint a clearer picture of what this really means for many senior couples?

Report StageBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 12:30 p.m.
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Liberal

Angelo Iacono Liberal Alfred-Pellan, QC

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

Bill C-29 implements certain measures of budget 2016, a budget that marks a turning point after 10 years, during which the only objective was to avoid a deficit—but at what cost? Seniors, children, women, veterans, low-income Canadians, and basically anyone who is vulnerable, all paid the price. This is all not to mention the cuts to programs related to science, R and D, and the environment.

Our government knows that now is the time to invest in order to create high-quality jobs, lift hundreds of thousands of kids out of poverty, help young people with their post-secondary education, and invest in R and D to make Canada a great place to invest in potential new businesses.

These measures are associated with a long-term vision for a prosperous future. We are a government that understands the day-to-day reality of middle-class Canadians. That is why we are targeting our measures and our investments, so that the middle class and those working hard to join it stand to benefit the most.

Report StageBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 12:25 p.m.
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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, as we just heard from one of the ministers in the government, the Liberals are going to move time allocation again next week. It will be the tenth time they have moved notice. Why are they ceasing debate on the bill at this point?

As a new member in the House, I was looking forward to an opportunity to hear what other members had to say about Bill C-29. Now we are not going to get that opportunity. Does the member really think that 337 members are going to show up to a committee in the Senate at some point, perhaps new witnesses, to further talk about this?

The Liberals are proposing to spend billions upon billions of dollars in the future with very little return on it. We have seen what their jobs plan has been for Canada and Alberta: No net new jobs. They have completely failed. Why is his government in such a rush to shut down debate in the House and spend billions of taxpayer dollars?

Report StageBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 12:20 p.m.
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Liberal

Angelo Iacono Liberal Alfred-Pellan, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-29, which implements certain provisions of the budget tabled in March.

I am pleased to speak today because I am very proud to see that our government is keeping its promises and commitments to Canadians, the middle class, families, seniors, students, workers, retirees, and veterans. All of these people work or worked very hard and deserve a good quality of life and better futures. These people often struggle to make ends meet; they need measures to help them meet their everyday needs. That is what our budget measures do.

Talking about the budget provides me with an opportunity not only to express my support for Bill C-29 but also to talk about the people in my riding who will be affected by the provisions of this bill. These people put their trust in the Liberal Party. They put their trust in me by voting for me in October 2015, and I thank them from the bottom of my heart for their support. I can tell them today that they made the right choice. They voted for the right party. The bill before us today is further proof of that.

Many measures in the 2016 budget address the concerns and interests of the people, businesses, and communities in Laval. Even today, 11% of Alfred-Pellan's population is comprised of low-income earners. These people need help to meet their most important need, which is housing. The Liberal budget makes major investments of $1.5 billion over two years to improve access to safe, adequate, and affordable housing.

Other vulnerable people benefit from this budget's measures. The Canada child benefit will finally give more to those who need it most. This measure will lift 300,00 children in Canada out of poverty. In my riding, it will benefit 14,505 families with children, who will no longer pay taxes on this benefit, and will have the full amount at their disposal.

During a community event at the church in Vimont last week, Joe, a constituent with no political affiliation or interest in politics, told me that the $425 a month makes a big difference. This measure will mainly help the 5,290 single parent families in Alfred-Pellan, which will receive more money to help provide better living conditions for their children. This benefit is much more generous than the benefits provided by the previous government and it gives more money than before to families with children. Families will see their benefits increase by almost $2,300 on average in 2016-17. This will allow families like Joe's to buy winter clothing, groceries, school supplies, and clothing. It will allow other families, like that of Marie-Carmelle and Robert, to save for their children's education.

Let us also talk about seniors, Canada's human legacy. Our government knows how important it is to improve their quality of life. For that reason, the budget includes such measures as the OAS enhancement. We also recently announced the enhancement of CPP benefits. This will ensure a comfortable and dignified retirement for our seniors who built the Canada of today.

As my Aunt Giuseppina said, after so much sacrifice and hard work, she can finally rest assured that she will not be a burden to her children. Her savings and her government are all she needs to live with dignity. That gives us a good sense of what these measures mean to people.

Bill C-29 implements some very specific measures from the last budget. These measures are part of our overall plan to stimulate economic growth in the short term and, most importantly, pave the way for a strong economy in the long term. Our country has the lowest debt-to-GDP ratio in the G7. This is the right time to invest for our future success and to ensure a prosperous and green future for current and coming generations, a future in which everyone has a chance to succeed.

As a father, I want to make sure that my son, Gabriel, who is almost three years old, has a sustainable, prosperous future full of opportunity. That is what my parents did for me. That is what informs my day-to-day work as an MP: the prosperity and well-being of the people of Alfred-Pellan. They expect their MP and their government to understand what things are like for them and to pass budgets that reflect their reality and help them make the most of their lives.

Let us not forget our veterans, those who sacrificed so much to preserve our dearest values and uphold the peace in land and all over the world.

The government will give back to veterans, who have given so much in service to all Canadians, by restoring critical access to services that were recklessly cut by the previous government and ensuring the long-term financial security of disabled veterans. Canada's veterans will receive more local, in-person government services as well as better access to case managers.

Last week, I discussed with a very concerned constituent the issues of unemployment. Mario, a 55-year-old hard-working gentleman, found himself laid off from his job and wanted to know how our government would help him and the thousands of people in the same position. I assured Mario that the changes to the current EI system that we were proposing would give Canadians the help they need when they needed it, be it the changes to eligibility rules, which would make it easier for new workers and those re-entering the workplace to claim benefits; the reduction of the waiting period from two weeks to one week, which would provide unemployed workers with hundreds of dollars more at the time they needed it most; or the extension of employment insurance benefits in regions affected by the collapse of the price of oil and other commodities that would be aimed to ease the burden of Canadians in parts of Alberta, Saskatchewan, northern Ontario, and Newfoundland.

Our Prime Minister has deployed enormous efforts to make Canada once again a leader on the international stage. Helping international development for Canadian businesses and to ensure that our financial sector remains strong, we will strengthen the framework that regulates financial institutions and balance the need for stability and competition with the needs of consumers and businesses.

Moreover, as a matter of fairness for all taxpayers, the government will seek to prevent underground economic activity and tax evasion, and combat tax loopholes.

We will invest in effective administration and enforcement of tax laws and we will propose actions to improve the integrity of Canada's tax system.

All these measures define my unwavering support to Bill C-29. I invite all members to reflect on the benefits Bill C-29 has for Canadians and join in support of the bill.

Report StageBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 12:15 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I will follow up on the remarks by the hon. member and Minister of International Development and La Francophonie by saying that I am somewhat surprised to see a time allocation motion after just an hour of debate on Bill C-29 at report stage. That is really surprising.

Usually members are given more time to consider the many amendments proposed at report stage. Several amendments were announced. Unfortunately, we debated at report stage from 10 a.m. to 11 a.m and then suddenly, after an hour of debate, we learned that the time for debating Bill C-29 would be limited.

Could my colleague comment in real time on the fact that the government intends to allocate a specific amount of time for the study of the bill at report stage?

The House resumed consideration of Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, as reported (with amendment) from the committee.

Bill C-29—Notice of Time Allocation MotionBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 12:10 p.m.
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Compton—Stanstead Québec

Liberal

Marie-Claude Bibeau LiberalMinister of International Development and La Francophonie

Mr. Speaker, I regret to inform the House that an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-29, a second act to implement certain provisions of the budget tabled in Parliament on March 22, 2016, and other measures.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Consumer ProtectionOral Questions

December 2nd, 2016 / 12:05 p.m.
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Saint-Maurice—Champlain Québec

Liberal

François-Philippe Champagne LiberalParliamentary Secretary to the Minister of Finance

Mr. Speaker, I am a parliamentary secretary, not a personal secretary.

We are proud of Bill C-29. I would remind my colleague that what we did is very simple, as he is well aware. The Supreme Court's ruling in Marcotte asked us to clarify measures that protect citizens and consumers across Canada. That is exactly what we are doing. We have modernized and simplified the rules that help Canadian consumers. That is all.

For example, the rules in Bill C-29 will allow the use of a broader range of personal identification documents to open a bank account or cash Government of Canada cheques. That is what Bill C-29 will do. This bill will help—

Consumer ProtectionOral Questions

December 2nd, 2016 / 12:05 p.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, with Bill C-29, the federal government is protecting banks against Quebec consumers and the Consumer Protection Act. That means that Quebeckers will no longer have any recourse when the banks impose hidden fees on them or rip them off. What a great precedent.

Next, cell phone companies will be asking the federal government to protect them from the Consumer Protection Act. Then Internet providers, cable companies, and airlines will be doing the same.

I am asking the minister of high finance and his private secretary where the gouging of Quebeckers will stop.

Motions in AmendmentBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 10:50 a.m.
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NDP

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

Mr. Speaker, so many questions and so few answers. I cannot say that I have many answers in the comments I will be making in the next few minutes, but I find it extremely disappointing that the government is so far from being able to meet the expectations that it created and made Canadians believe in, based on its claims during the election campaign.

We are currently looking at Bill C-29, which seeks to implement some of the budget's recommendations. The government is touting it as the bill that will implement the measures proposed to help the middle class, which has never been defined.

From what I can see in the various statistics on income, when we talk about the middle-class tax cuts, this means raising taxes on about 1% of taxpayers and redistributing that money to 9% of the population, while completely disregarding 89% of the people. The same goes for the Canada child benefit. The government says it is a program that will benefit everyone and so many more people than before. However, it is not being indexed for four years, which means that it will amount to roughly the same as we had before. That is a problem.

What was not said during the election campaign is also problematic. I am going to go back to the issue of infrastructure because it is a prime example of the the government's lack of honesty on economic issues.

Yes, the government did mention an infrastructure bank during the election campaign, but it did not say how it would work. I can say that mayors and elected officials in our ridings understood that there would be an infrastructure bank where money would be placed, and that the money would be lent at low rates to help the Liberals fulfill their promises. That is exactly what the Liberal candidates said during the 2015 campaign. Now we find ourselves with a monstrosity into which they will inject $15 billion, which was the amount promised for communities and the funding they could apply for. This money is being put in an infrastructure bank to try to attract private capital. The private capital will make up about 80% of the total capital.

The government is trying to make us believe that that is what it promised from the beginning, that is what Canadians were promised, and that is how it will be able to finance the entire infrastructure deficit. We are going to find ourselves with an infrastructure bank of about $200 billion dollars in capital that is 80% controlled by the private sector.

I do not know whether the government is just naive or whether it sincerely believes that it will still have the power to decide where that money goes, even though it is investing only 20% of the capital and getting the other 80% from the private sector.

There is a sort of contradiction here. Yes, programs have been proposed by the government. The government is talking about green infrastructure, transit infrastructure, and social infrastructure, which has never really been defined. The government has promised to invest $80 billion over the next 10 years. In addition, the Minister of Finance feels it is extremely urgent that the infrastructure bank be put in place by next year. The infrastructure deficit really needs to be addressed next year.

We understand that the infrastructure deficit is an urgent matter. We, too, have been talking to the Federation of Canadian Municipalities. However, if it is so urgent to have the infrastructure bank to begin to invest, why are two-thirds of the new investments announced in the government's economic update not going to be applied until 2021, 2022, or 2023? That is two elections from now.

Two-thirds of the promised amounts will not be invested until then. Only one-third will be invested before 2021, but it is extremely urgent to invest now and create the infrastructure bank.

During the election campaign, the Liberals never mentioned to Canadians that their plan might include tolls and user fees. It seems to me like that is more of a given at this point. That was never mentioned. The only time the Liberals spoke about tolls was when they said that there would be no toll on the Champlain Bridge. They never said that there would be tolls on all the other bridges. Obviously, tolls are the only way the private sector would be able to make a return on its investment in the infrastructure bank. Returns on investments do not fall from the sky. That money is not going to come for free. In order to see a return, the government will impose loans on Canadians, who will also have to help help pay for this infrastructure with their tax dollars.

Do they seriously expect anyone to believe that the infrastructure issue is going to be sorted out? Almost half of the government's plan is tied to the private sector, but they seem to think that they will be able to decide which projects go forward and where that private sector money will end up.

What we heard from Michael Sabia is that the private sector wants to see a 7% to 9% return. We have also heard from various investors that they would be unlikely to invest in projects worth less than $100 million. Some have even said they would probably not invest in projects worth less than $500 million.

There are no $100-million projects in my riding, but I do know of one such project: highway 20. Does anyone really think that investors from Bay Street, Wall Street, and even China and Australia, who were at that BlackRock meeting, would be interested in setting up a toll booth on highway 20 in Rimouski when they can invest that money in Montreal, Toronto, or Vancouver, where the returns, usage, and density are bound to be higher?

What the government is doing right now is presenting a facade of sorts to Canadians, saying that it is going to solve the problem and that it is doing what the Liberals promised during the election campaign. None of this was promised.

The Liberals definitely promised to resolve the infrastructure problem and invest money. Yes, funding has been allocated. We cannot disagree with them when they talk about funding for public transit and green infrastructure, because we made similar promises. Obviously, they never mentioned the private sector's role. They never mentioned that 80% of this infrastructure bank's capital would be funded by the private sector, nor did they ever mention that they would work not just with pension funds, but also with private funds, even international ones. They never promised that they would consider privatizing our airports and ports.

The Canadian government asked Credit Suisse to do a study on whether it should privatize eight Canadian airports. It asked Morgan Stanley whether it should privatize 18 Canadian ports, the 18 port authorities. Where was that in the Liberal election platform?

We are being advised by two investment firms less than 10 years after the debacle on Wall Street and the financial crisis. At least one of the two firms implicated in this debacle is now going to advise us on whether we should privatize the ports that it may decide to invest in. Some might recall that Morgan Stanley has already held shares in the Port of Montreal.

Is there not a single Liberal willing to acknowledge the possibility that it may be an apparent conflict of interest to ask investment firms that might benefit directly to advise the government on privatizing key infrastructure in Canada's economy without having spoken a single word about all this during the election campaign? This is not a minor decision. We would be radically altering the course of the Canadian economy. We are being asked to simply close our eyes and let it happen.

I do not see a big difference between the Liberal government and the previous Conservative government. At least the Conservatives were clear. They wanted to go in this direction and they said so. We did not agree with them, but they were honest about it. The Liberals say that they are really all about the common good and are committed to helping the middle class. However, they are secretly dealing with Wall Street and Bay Street in order to reserve shares for them in Canadian infrastructure. They never mentioned it before. They are going to do business with them so they can hand them over key infrastructure such as airports and ports.

We are not going to sound the alarm when it is announced in the media and the decision has been made. Our path is clear. One only has to scan the media to see that the government asked Crédit Suisse and Morgan Stanley to make recommendations about privatization.

It is clear to me that the Liberals are not even telling us half the story with respect to their economic agenda, especially as it pertains to infrastructure investments.

Motions in AmendmentBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 10:45 a.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, I strongly disagree with my colleague from Gatineau, who said that consumers will not lose out.

Bill C-29 and clause 131 set out a federal consumer protection regime for bank customers that will take precedence over Quebec's Consumer Protection Act, which is much stronger and goes much farther. That act will no longer apply.

Ultimately, Bill C-29 will exempt banks from Quebec's 112-page Consumer Protection Act and 400 pages of regulations, all of which are rock-solid parts of the civil code that has been in place for 400 years. Even the federal government is subject to it in Quebec. This bill exempts banks from that legislation in exchange for 16 paragraphs written in the conditional tense, all of which are toothless and offer no protection whatsoever to consumers. This is a major step backward. To suggest otherwise is a monumental mistake.

The government needs to reconsider Bill C-29 and accept our amendments to ensure that the Consumer Protection Act will apply in its entirety to Quebec's banking sector.

Motions in AmendmentBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 10:35 a.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Mr. Speaker, our amendments to Bill C-29 all have the same objective, which is to uphold the rights of Quebec and the rights of Quebeckers. For those who may not know this, we often do great things in Quebec. For instance, Quebec has the best consumer protection laws anywhere in the Americas.

It is precisely these kinds of Quebec differences that Bill C-29 threatens. The banks have always found that Quebec's Consumer Protection Act favours ordinary people too much. The banks have always relied on their ally in Ottawa to try to get around it. This is simply a new chapter in the showdown.

Bill C-29 is a legislative and constitutional power grab. It is a Christmas gift from the federal government to the banks, on the backs of Quebeckers. We cannot let this happen.

In this mammoth bill, the current Liberal government buried an amendment to the Bank Act that includes a mysterious new financial consumer protection framework. The effect of this new clause is clear: Ottawa wants the banks to be above the law in Quebec. Government officials confirmed this before a parliamentary committee.

We have to go back to the early 2000s to understand what is happening now. An unpleasant surprise awaited Quebec consumers returning from vacation: their banks had started charging fees without telling them. This despite the fact that the Consumer Protection Act prevents banks from claiming costs “unless the amount thereof is precisely indicated in the contract”. Ripped-off consumers who tried in vain to get their banks to reimburse them turned to the banking ombudsman, who did nothing.

The consumers then availed themselves of the recourse provided in the Consumer Protection Act and filed a class action lawsuit in 2003. Their case made it to the Supreme Court, culminating in the Marcotte decision in 2014 after 11 years of litigation. The banks were forced to pay back $32 million to the people they tried to swindle.

I would like to comment on the Marcotte case because it led to Bill C-29. The ruling made it clear that, while the Bank Act governs the banks' operations, it does not govern their consumer relations. That was a Supreme Court ruling. The federal law and Quebec's law can therefore both apply because Ottawa's law governs the banks' operations and Quebec's law governs consumer rights, and that is where Bill C-29 comes in.

Now that the federal legislation will contain a tiny section called the “Financial Consumer Protection Framework”, the banks will be able to claim that the Canada Bank Act also covers consumer protection. They will therefore be able to argue before the courts that they basically need not comply with Quebec law. At present, consumers can turn to the Quebec Office de la protection du consommateur to assert their rights, which has a simple and effective process. It is free, which ensures that even the most vulnerable can access it.

If that is not enough, consumers can initiate class proceedings and ask a judge for a ruling. This bill would eliminate all that. From now on, consumers would only be able to approach the banks' ombudsman, an officially neutral employee, but one appointed and paid by the banks. What is worse, the ombudsman cannot make recommendations and cannot impose a penalty or fine.

That is how the Liberals are going to eliminate all the legal protections enjoyed by Quebec consumers with respect to hidden fees, unilateral changes to fees or services by the banks, the requirement to provide a contract in French, the ban on misleading advertising, and the possibility of cancelling an unfair contract. This will only benefit the banks.

Our rights are being pushed aside on a promise that Bay Street will be nice to us. That says it all. Justice is being replaced by an ombudsman appointed by the banks, someone whose authority is limited to handing down a slap on the wrist. This is very serious. It is an attack on Quebec and Quebeckers. In English Canada, there is minimal consumer protection when it comes to the banks. Outside Quebec, Bill C-29 will have little impact. Back home, this will be terrible.

I want to address the 40 Liberal members from Quebec. Instead of reading a French translation of a press release that was written in Toronto, they should be defending their people and telling their colleagues how good our system is for regular people. They should be educating their colleagues instead of acting like doormats.

Yesterday, during question period, I was quite troubled to hear the response of the Parliamentary Secretary to the Minister of Finance. He said that the Marcotte decision called on the government for a response and that Bill C-29 is that response. It is incredible.

In Marcotte, the court was not calling on the federal government. It was addressing the banks. When the Minister of Finance confuses the banks and the federal government, that is saying something. To him, it is six of one and half a dozen of the other. Personally, I am siding with regular folks and not the minister's friends who work on Bay Street.

That is not all. Not only is the government siding with the banks and against Quebec's consumers, but it is creating a loophole that every profiteer is eager to exploit. Today, it is the banks that the federal government is putting above the law. What will be next? Are wireless service providers going to ask for Ottawa's help to double how much they charge, without warning? Are internet service providers going to ask the same? Are we no longer going to be able to go after airlines to get our flight reimbursed if it is cancelled? Is that it?

Our amendment resolves all of these problems. It ensures compliance with the Consumer Protection Act, the best in the Americas. In contrast, Bill C-29 opens the door to abuse. It opens the door to court challenges. For 10 years, Quebeckers will not know what law protects them. For 10 years, Quebeckers will be better off abandoning their banks in favour of caisses populaires and the legal certainty under which they operate. At the risk of overstating the case, the federal government is even harming banks.

I urge my colleagues to support the amendments I proposed. If I understand correctly, the NDP and the Conservatives already support them. Our job is to represent Canadians, not powerful lobbies.

Motions in AmendmentBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 10:20 a.m.
See context

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I am pleased to speak at this stage of Bill C-29, which seeks to implement key measures from the budget that was tabled, voted on, and passed in the House a few months ago.

First of all, I want to set the record straight for Canadians. I want to tell it like it is and give a clear picture of the situation, ever since Canadians voted for a change in government.

Canada was in an enviable fiscal position. The Conservative administration left a surplus of $2.9 billion. Canada had the best debt-to-GDP ratio among the G7 nations. Canada was the best of the best. Canada also had the best job creation record of all the G7 nations. Canada was the country that fared best. It was also the country that recovered the quickest from the terrible financial crisis that was felt all over the globe in 2008 and 2009. That is the Conservative record. The Conservatives definitely left the house in order, so to speak. Unfortunately, the Liberals are currently destroying our economy. In fact, that is why we strongly oppose Bill C-29, which seeks to implement the measures in the budget. We think it is a very bad budget. Why?

For decades, Canadians made every effort that was required, including under the leadership of the Right Hon. Paul Martin, a distinguished and world-renowned finance minister. He fought mercilessly against the deficit. Now the current government is sending Canada down another unfortunate deficit spiral. The thing is, we are not in an economic crisis, as was the case when the Conservatives were in power and we had to deal with this difficult situation.

What does this mean? It means that we are asking our children, our grandchildren, and our great-grandchildren to foot the bill for this deficit. They are the ones who will have to pay for the current government's mismanagement. Worse yet, the party in power got elected barely a year and a half ago by saying that they would run a small deficit of $10 billion, but we would return to a balanced budget during the fourth year of their term.

Nothing could be further from the truth today. The deficit is currently $30 billion. From the economic update we know that the Liberals will continue to spiral badly by inflicting another $32 billion in spending over the next five years. The sad reality that is slapping us in the face is that the government is unable to tell us when we will return to a balanced budget.

There is not one business owner, father, mother, or head of household who manages their budget without the expectation that one day they will keep their head above water. That is exactly the situation that the government is forcing us into. We are drowning in debt, but we have no idea when we are going to come up for air. This is unprecedented and unheard of. It is unacceptable. It is the Liberal way.

If only the Liberals would at least acknowledge that they said some foolish things during the election campaign, like running small deficits, which is not at all true because the deficit is three times the amount forecast. If only they would tell us, for example, not to worry at all because they are going to balance the budget in five years. That would be very wrong, but we would at least have an idea of the situation. However, that is not the case. This short-sighted government has absolutely no idea when it will balance the budget or how it will manage to eliminate the deficit.

I can assure Canadians that the next balanced budget will be a budget tabled by the Conservative government, which will be elected by Canadians in three years. That is a fact.

I would also like to remind members that the Liberals bragged about how, in the budget, there would finally be tax cuts for Canadians and how all Canadians would benefit from them. Well, aren't they generous. The reality is quite the opposite. The measures proposed by the government will have no impact on the taxes that 65% of Canadians have to pay. There will be no tax cuts for 65% of Canadians. Who then will benefit from the announced tax cuts? It is Canadians who earn between $140,000 and $200,000 a year. Is a person who earns $199,999 a year part of the middle class? I have my doubts.

I would like to point out right away that I am in a position of conflict of interest. As an MP, I earn around $170,000 a year, so I am one of the lucky ones who will benefit from these measures. With a salary like that, I do not feel as though I am part of the middle class. The government has been boasting that it is helping the middle class, the least fortunate, and the most vulnerable. Stop right there. In reality, 65% of Canadians will not benefit at all from these measures. Those who will benefit the most are wealthier Canadians who earn between $144,000 and $200,000 a year.

What is more, this budget hinders the creation of jobs and wealth because it does not do much to help our small and medium-sized businesses. For us, the Conservatives, small businesses are the backbone of our economy. They create jobs and wealth. We need to do everything we can to help them, not hold them back. Nevertheless, that is what this government is doing with the budget. It is imposing the Liberal carbon tax. It is imposing new fees on employers and employees under the Canada pension plan. It is failing to keep its promise by not lowering the tax rate of SMEs. The government was supposed to lower the tax rate from 10.5% to 9% but failed to do so. These are three measures that work against our business owners, our job creators and our creators of wealth. That is why we are completely against this bill.

I would also like to draw members' attention to a small but very important detail. As the saying goes, the devil is in the details, and in this case we are talking about consumer protection.

First of all, I would like to recognize the excellent job that was done by the member for Joliette, who really did the kind of work one would expect from an opposition member. He did a great job, and I would like to commend him for that.

What happened? This has to do with the enforcement of the legislation on banks and the management of financial institutions.

Let us recall the events: in 2012, the Conservative government passed legislation to implement, across the entire country, certain measures concerning the management of financial and banking institutions. Part of that law was challenged in court. In 2014, the Supreme Court ruled specifically on the issue of the Consumer Protection Act in Quebec. The act was not constitutional, so it had to be changed.

Since we are institutional people and we respect our institutions, we are going to comply with the Supreme Court’s decision. However, in this new bill the government is proposing measures that, unfortunately, do not meet the requirements of the Supreme Court ruling. Along with the members for Joliette, Rimouski-Neigette—Témiscouata—Les Basques and others, we questioned senior officials in parliamentary committee in order to get specific answers to very specific questions, so that we could find out whether they were complying with the Supreme Court’s ruling or not.

Unfortunately, I cannot say that we were convinced. There are still flaws in the legislative measures proposed in Bill C-29 on the issue of Quebec’s Consumer Protection Act. We are not the only ones with concerns. The National Assembly has passed a motion asking the government to suspend the clauses of Bill C-29 that affect the Consumer Protection Act.

If we want to make a law that complies with the Supreme Court ruling, we have to talk to the lead stakeholders, because it is abundantly clear that if the bill is passed, it is going to be challenged in court on this issue, among others. It is not just us who are saying so, it is the National Assembly.

What is the Quebec National Assembly? Certainly it is the members of the opposition, but it is also the government. The day before yesterday, the Quebec justice minister, who is a member on the other side of the river, not so far from here, said that she was concerned about certain clauses in Bill C-29.

There is still time for the government to seize the opportunity and just do what ought to be done. It should pick up the phone, call the justice minister, and ask her what is not working and what should be drafted to make it work. That is what a government in touch with the reality of its citizens would do, much like us. I recall that we had an interpretation of the matter in 2012. The Supreme Court contradicted that interpretation; we are institutional people and we respect the Supreme Court. We therefore must make every effort to ensure that this is not challenged and it is done the right way.

I do not mean to insult any legal eagles in any way, but we must realize that it is not a humble country lawyer who will be challenging this. It is the Government of Quebec that will be going to court to challenge the provisions affecting the Consumer Protection Act.

On this point, I urge the government to go back and do its homework, and indeed I invite the government to look at the entire bill and really do its homework for the economy as a whole and for all Canadians.

Motions in AmendmentBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 10:20 a.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I can assure that when we look at the amendment that has been proposed, for the most part it is about ensuring that debate occurs at the report stage. We are already into that debate. I would encourage other members to participate. At the end of the day, this is a responsible approach. There are always tactics on both sides of the House. I can assure the member that it is not coming just from one direction. This is, in good part, a response to opposition and the concerns that might arise.

The bottom line is that we have a day to debate Bill C-29, the budget and government priorities. I would encourage other members to speak. We have had plenty of time already to speak on Bill C-29, whether it was at second reading or the committee stage. There has probably been more time for debate on this budget implementation bill than many of the Harper Conservative budget implementation bills. It is a pleasure for me to put a few words on the record.

Motions in AmendmentBudget Implementation Act, 2016, No. 2Government Orders

December 2nd, 2016 / 10:20 a.m.
See context

NDP

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

Mr. Speaker, there are so many things I could say. I will focus on Bill C-29 because we will be studying it at third reading.

I would sincerely like to know why the member was the first to speak this morning. Is it because the Liberal Party, the government, decided to move deletion of clause 1, the bill's short title, which is “Budget Implementation Act, 2016, No. 2”?

I would like to know why the government wants to delete the short title. Is there a valid reason why it wants to delete its own proposed title? Was this just a political ploy to usurp the opposition's traditional right to be the first to speak to these bills and amendments?