Bill C-74 (Historical)

Budget Implementation Act, 2018, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures

Part 1 implements certain income tax measures proposed or referenced in the February 27,2018 budget by
(a) ensuring appropriate tax treatment of amounts received under the Veterans Well-being Act;
(b) exempting from income amounts received under the Memorial Grant for First Responders;
(c) lowering the small business tax rate and making consequential adjustments to the dividend gross-up factor and dividend tax credit;
(d) reducing the business limit for the small business deduction based on passive income and restricting access to dividend refunds on the payment of eligible dividends;
(e) preventing the avoidance of tax through income sprinkling arrangements;
(f) removing the risk score requirement and increasing the level of income that can be deducted for Canadian armed forces personnel and police officers serving on designated international missions;
(g) introducing the Canada Workers Benefit;
(h) expanding the medical expense tax credit to recognize expenses incurred in respect of an animal specially trained to perform tasks for a patient with a severe mental impairment;
(i) indexing the Canada Child Benefit as of July 2018;
(j) extending, for one year, the mineral exploration tax credit for flow-through share investors;
(k) extending, by five years, the ability of a qualifying family member to be the plan holder of an individual’s Registered Disability Savings Plan;
(l) allowing transfers of property from charities to municipalities to be considered as qualifying expenditures for the purposes of reducing revocation tax;
(m) ensuring that appropriate taxpayers are eligible for the Canada Child Benefit and that information related to the Canada Child Benefit can be shared with provinces and territories for certain purposes; and
(n) extending, by five years, eligibility for Class 43.‍2.
Part 2 implements certain excise measures proposed in the February 27,2018 budget by
(a) advancing the existing inflationary adjustments for excise duty rates on tobacco products to occur on an annual basis rather than every five years; and
(b) increasing excise duty rates on tobacco products to account for inflation since the last inflationary adjustment in 2014 and by an additional $1 per carton of 200 cigarettes, along with corresponding increases to the excise duty rates on other tobacco products.
Part 3 implements a new federal excise duty framework for cannabis products proposed in the February 27,2018 budget by
(a) requiring that cannabis cultivators and manufacturers obtain a cannabis licence from the Canada Revenue Agency;
(b) requiring that all cannabis products that are removed from the premises of a cannabis licensee to be entered into the Canadian market for retail sale be affixed with an excise stamp;
(c) imposing excise duties on cannabis products to be paid by cannabis licensees;
(d) providing for administration and enforcement rules related to the excise duty framework;
(e) providing the Governor in Council with authority to provide for an additional excise duty in respect of provinces and territories that enter into a coordinated cannabis taxation agreement with Canada; and
(f) making related amendments to other legislative texts, including ensuring that any sales of cannabis products that would otherwise be considered as basic groceries are subject to the GST/HST in the same way as sales of other types of cannabis products.
Part 4 amends the Pension Act to authorize the Minister of Veterans Affairs to waive, in certain cases, the requirement for an application for an award under that Act.
It also amends the Veterans Well-being Act to, among other things,
(a) replace the earnings loss benefit, career impact allowance, supplementary retirement benefit and retirement income security benefit with the income replacement benefit;
(b) replace the disability award with pain and suffering compensation; and
(c) create additional pain and suffering compensation.
Finally, it makes consequential amendments to other Acts.
Part 5 enacts the Greenhouse Gas Pollution Pricing Act and makes the Fuel Charge Regulations.
Part 1 of that Act sets out the regime for a charge on fossil fuels. The fuel charge regime provides that a charge applies, at rates set out in Schedule 2 to that Act, to fuels that are produced, delivered or used in a listed province, brought into a listed province from another place in Canada, or imported into Canada at a location in a listed province. The fuel charge regime also provides relief from the fuel charge, through rebate and exemption certificate mechanisms, in certain circumstances. The fuel charge regime also sets out the registration requirements for persons that carry out certain activities relating to fuels subject to the charge. Part 1 of that Act also contains administrative provisions and enforcement provisions, including penalties, offences and collection provisions. Part 1 of that Act also sets out a mechanism for distributing revenues from the fuel charge. Part 1 of that Act also provides the Governor in Council with authority to make regulations for purposes of that Part, including the authority to determine which province, territory or area is a listed province for purpose of that Part.
Part 2 of that Act sets out the regime for pricing industrial greenhouse gas emissions. The industrial emissions pricing regime requires the registration of any facility that is located in a province or area that is set out in Part 2 of Schedule 1 to that Act and that either meets criteria specified by regulation or voluntarily joins the regime. The industrial emissions pricing regime requires compliance reporting with respect to any facility that is covered by the regime and the provision of compensation for any amount of a greenhouse gas that the facility emits above the applicable emissions limit during a compliance period. Part 2 of that Act also sets out an information gathering regime, administrative powers, duties and functions, enforcement tools, offences and related penalties, and a mechanism for distributing revenues from the industrial emissions pricing regime. Part 2 of that Act also provides the Governor in Council with the authority to make regulations for the purposes of that Part and the authority to make orders that amend Part 2 of Schedule 1 by adding, deleting or amending the name of a province or the description of an area.
Part 3 of that Act authorizes the Governor in Council to make regulations that provide for the application of provincial laws concerning greenhouse gas emissions to works, undertakings, lands and waters under federal jurisdiction.
Part 4 of that Act requires the Minister of the Environment to prepare an annual report on the administration of the Act and to cause it to be tabled in each House of Parliament.
Part 6 amends several Acts in order to implement various measures.
Division 1 of Part 6 amends the Financial Administration Act to establish the office of the Chief Information Officer of Canada and to provide that the President of the Treasury Board is responsible for the coordination of that Officer’s activities with those of the other deputy heads of the Treasury Board Secretariat. It also amends the Act to ensure Crown corporations with no borrowing authority are able to continue to enter into leases and to specify that leases are not considered to be transactions to borrow money for the purposes of Crown corporations’ statutory borrowing limits.
Division 2 of Part 6 amends the Canada Deposit Insurance Corporation Act in order to modernize and enhance the Canadian deposit insurance framework to ensure it continues to meet its objectives, including financial stability.
Division 3 of Part 6 amends the Federal-Provincial Fiscal Arrangements Act to renew Fiscal Equalization Payments to the provinces and Territorial Formula Financing Payments to the territories for a five-year period beginning on April 1,2019 and ending on March 31,2024, and to authorize annual transition payments of $1,270,000 to Yukon and $1,744,000 to the Northwest Territories for that period. It also amends the Act to allow Canada Health Transfer deductions to be reimbursed when provinces and territories have taken the steps necessary to eliminate extra-billing and user fees in the delivery of public health care.
Division 4 of Part 6 amends the Bank of Canada Act to ensure that the Bank of Canada may continue to buy and sell securities issued or guaranteed by the government of the United Kingdom if that country ceases to be a member state of the European Union.
Division 5 of Part 6 amends the Currency Act to expand the objectives of the Exchange Fund Account to include providing a source of liquidity for the government of Canada. It also amends that Act to authorize the payment of funds from the Exchange Fund Account into the Consolidated Revenue Fund.
Division 6 of Part 6 amends the Bank of Canada Act to require the Bank of Canada to make adequate arrangements for the removal from circulation in Canada of its bank notes that are worn or mutilated or that are the subject of an order made under paragraph 9(1)‍(b) of the Currency Act. It also amends the Currency Act to provide, among other things, that
(a) bank notes are current if they are issued under the authority of the Bank of Canada Act;
(b) the Governor in Council may, by order, call in certain bank notes; and
(c) bank notes that are called in by order are not current.
Division 7 of Part 6 amends the Payment Clearing and Settlement Act in order to implement a framework for resolution of clearing and settlement systems and clearing houses, and to protect information related to oversight, by the Bank of Canada, of clearing and settlement systems.
Division 8 of Part 6 amends the Canadian International Trade Tribunal Act to, among other things,
(a) create the position of Vice-chairperson of the Canadian International Trade Tribunal;
(b) provide that former permanent members of the Tribunal may be re-appointed to one further term as a permanent member; and
(c) clarify the rules concerning the interim replacement of the Chairperson of the Tribunal and provide for the interim replacement of the Vice-chairperson of the Tribunal.
Division 9 of Part 6 amends the Canadian High Arctic Research Station Act to, among other things, provide that the Canadian High Arctic Research Station is to be considered an agent corporation for the purpose of the transfer of the administration of federal real property and federal immovables under the Federal Real Property and Federal Immovables Act. It also provides that the Order entitled Game Declared in Danger of Becoming Extinct is deemed to have continued in force and to have continued to apply in Nunavut, as of April 1,2014.
Division 10 of Part 6 amends the Canadian Institutes of Health Research Act in order to separate the roles of President of the Canadian Institutes of Health Research and Chairperson of the Governing Council, to merge the responsibility to establish policies and to limit delegation of certain Governing Council powers, duties and functions to its members or committees or to the President.
Division 11 of Part 6 amends the Red Tape Reduction Act to permit an administrative burden imposed by regulations to be offset by the reduction of another administrative burden imposed by another jurisdiction if the reduction is the result of regulatory cooperation agreements.
Division 12 of Part 6 provides for the transfer of certain employees and disclosure of information to the Communications Security Establishment to improve cyber security.
Division 13 of Part 6 amends the Department of Employment and Social Development Act to provide the Minister of Employment and Social Development with legislative authority respecting service delivery to the public and to make related amendments to Parts 4 and 6 of that Act.
Division 14 of Part 6 amends the Employment Insurance Act to modify the treatment of earnings received by claimants while they are in receipt of benefits.
Division 15 of Part 6 amends the Judges Act to authorize the salaries for the following new judges, namely, six judges for the Ontario Superior Court of Justice, one judge for the Saskatchewan Court of Appeal, 39 judges for the unified family courts (as of April 1,2019), one judge for the Federal Court and a new Associate Chief Justice for the Federal Court. This division also makes consequential amendments to the Federal Courts Act.
Division 16 of Part 6 amends certain Acts governing federal financial institutions and related Acts to, among other things,
(a) extend the scope of activities related to financial services in which federal financial institutions may engage, including activities related to financial technology, as well as modernize certain provisions applicable to information processing and information technology activities;
(b) permit life companies, fraternal benefit societies and insurance holding companies to make long-term investments in permitted infrastructure entities to obtain predictable returns under the Insurance Companies Act;
(c) provide prudentially regulated deposit-taking institutions, such as credit unions, with the ability to use generic bank terms under the Bank Act, subject to disclosure requirements, as well as provide the Superintendent of Financial Institutions with additional enforcement tools under the Bank Act and the Office of the Superintendent of Financial Institutions Act, and clarify existing provisions of the Bank Act; and
(d) modify sunset provisions in certain Acts governing federal financial institutions to extend by five years, after the day on which this Act receives royal assent, the period during which those institutions may carry on business.
Division 17 of Part 6 amends the Western Economic Diversification Act to remove the requirement of the Governor in Council’s approval for the Minister of Western Economic Diversification to enter into an agreement with the government of a province, or with a provincial agency, respecting the exercise of the Minister’s powers and the carrying out of the Minister’s duties and functions.
Division 18 of Part 6 amends the Parliament of Canada Act to give each House of Parliament the power to make regulations related to maternity and parental arrangements for its own members.
Division 19 of Part 6 amends the Canada Pension Plan to, among other things,
(a) eliminate age-based restrictions on the survivor’s pension;
(b) fix the amount of the death benefit at $2,500;
(c) provide a benefit to disabled retirement pension beneficiaries under the age of 65;
(d) protect retirement and survivor’s pension amounts under the additional Canada Pension Plan for individuals who are disabled;
(e) protect benefit amounts under the additional Canada Pension Plan for parents with lower earnings during child-rearing years;
(f) maintain portability between the Canada Pension Plan and the Act respecting the Québec Pension Plan; and
(g) authorize the making of regulations to support the sustainability of the additional Canada Pension Plan.
Division 20 of Part 6 amends the Criminal Code to establish a remediation agreement regime. Under this regime, the prosecutor may negotiate a remediation agreement with an organization that is alleged to have committed an offence of an economic character referred to in the schedule to Part XXII.‍1 of that Act and the proceedings related to that offence are stayed if the organization complies with the terms of the agreement.

Budget Implementation Act, 2018, No. 1

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I asked a similar question of the parliamentary secretary a few minutes ago, but there were no answers forthcoming, so I want to see if my colleague could answer some concerns that have been raised.

First of all, my colleague failed to mention that 90% of middle-class families are paying more taxes now than they were two and a half years ago. He also failed to mention the increasing amount of interest we are paying on our national debt. It is $26 billion this year, and up to $33 billion by 2021. This is a huge cost in our national budget.

During the last election, the Liberal Party promised that by 2019, one year from now, we would be back to balanced budgets. All of the current estimates indicate that under the government's leadership, the earliest we will balance a budget is 2045. I wonder if my colleague could tell the House when the budget will be balanced.

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

Mr. Speaker, we are undertaking the necessary investments to grow our economy today and for tomorrow. We are undertaking the necessary investments to invest in families through the Canada child benefit and in businesses much like the five super clusters. One of the super clusters is located near my colleague's riding who is asking the question. Through their hard work and our assistance, Canadians know we have created over 500,000 jobs, with an unemployment rate at less than 6%. It is a 40-year record for participation rates, and a debt-to-GDP ratio which is declining and the lowest in the G7.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Mr. Speaker, with respect to the last question, it is all about how we do the math. What the Conservatives are not doing is not considering that there is a child benefit that people are getting back. Members are not including that in their math. They are also not talking about the fact that we are lowering the corporate tax rate to 9%. Those are meaningful things that Canadians get to see.

The member talks about the workers benefit that the government is bringing in under this budget. I am curious if he can expand on why he sees that as being important to getting people to work, encouraging people to seek out opportunities so they can continue to strive for and achieve meaningful jobs.

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

Mr. Speaker, it is great to see my colleague and friend from Kingston and the Islands this morning and his passion. His comments are exactly correct. The CWB will encourage and pull more people into the labour force. We need people entering the labour force. We have a demographic binge where a lot of people are retiring, and we need people coming into the labour force. This will allow low-income workers to benefit and to work hard, as well as remove people from the welfare trap, as one may want to call it in economic terms. This is something that is very important for our government and is going to benefit Canadians for years to come.

[Pam Goldsmith-Jones, Liberal, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I appreciate the opportunity to discuss Bill C-74 and the measures in budget 2018. This budget implementation act is the government's latest phase in growing and strengthening the middle class, promoting equality, and investing in the economy of the future. It is important to take a step back to see how Canadians have fared over these past couple of years. The government's plan to grow the middle class is working. Our plan is working because Canadians are working.

Over the last two years, hard-working Canadians have created nearly 600,000 new jobs, most of them full time. Unemployment rates are near the lowest levels that we have seen in over 40 years. Since 2016, Canada has led all other G7 countries in economic growth. As a result, we are able to continue to invest in the things that matter to Canadians while making steady improvements to the government's bottom line. Two weeks ago, the Minister of Infrastructure and Communities announced that the Government of British Columbia and the Government of Canada have come to an agreement on the investing in Canada infrastructure plan announced in budget 2016. Speaking as a representative from British Columbia, under the agreement, British Columbia will receive $4.1 billion from 2018 to 2028, making significant investments in our communities' public, recreational, green, and rural infrastructure. Let me also reassure my hon. colleagues that the government is being diligent in making sure that Canada remains the best place to invest, create jobs, and do business. Our future prosperity depends on making sure that every Canadian has an equal and fair chance at success.

For many Canadians, being a parent and raising a family is the most important part of their lives. Employment insurance maternity and parental benefits offer vital income support to parents during the critical period in early childhood when they need to take time off from work to care for their children. Through budget 2018, our government is proposing a new EI parental sharing benefit to support equality in the home and workplace, by providing up to eight additional weeks of benefits when both parents agree to share parental leave. This “use it or lose it“ incentive encourages a second parent in two-parent families to share the work of raising their children more equally. This new EI parental sharing benefit would allow greater flexibility for new mothers and fathers who want to return to work sooner if they so choose, knowing that their families have the support they need; supporting all two-parent families, including adoptive parents and same-sex couples; and allowing parents to share more family and home responsibilities, leading to fairer, less discriminatory hiring practices for women, because men and women have the option to stay at home with their children equally. We need to ensure that the benefits of a growing economy are felt by more and more people.

At this point, I would like to turn to our support for veterans. In my riding and across the country, we are grateful to the men and women who have served and are serving in uniform. It is our responsibility to ensure that they get the services and support they are owed. In West Vancouver—Sunshine Coast—Sea to Sky Country, we have nine Legions, and nine remarkable ceremonies on Remembrance Day. These continue to grow in terms of attendance and reflect the deep regard of Canadians for veterans. We know it is our duty to uphold the men and women who serve our nation in uniform. We need to listen to and take action to support our veterans who have served with valour, dignity, and sacrifice. The Government of Canada is committed to supporting Canada's veterans and their families. We owe an enormous debt of gratitude to them, and I am pleased to offer comments outlining our commitment.

On December 20, 2017, the government unveiled its pension for life plan, a program designed to reduce the complexity of support programs available to veterans and their families. It proposes a broader range of benefits, including financial stability to Canada's veterans, with a particular focus on support for veterans with the most severe disabilities. Taking a closer look, the three new benefits that provide recognition, income support, and stability to Canada's veterans who experience a service-related injury or illness look like this. The pension for life plan would provide, under pain and suffering compensation, a monthly tax-free payment for life of up to $1,150 for ill and injured veterans. The plan also proposes, for additional pain and suffering compensation, a monthly tax-free payment for life of up to $1,500 for veterans whose injuries greatly impact their quality of life. The plan also proposes to provide an income replacement benefit, that is, monthly income replacement at 90% of a veteran's pre-release salary.

These new elements represent an additional investment of almost $3.6 billion to support Canada's veterans. These new services and benefits would impact lives significantly. Pension for life would mean that a 25-year-old retired corporal who is 100% disabled would receive more than $5,800 in monthly support. For a 50-year-old retired major who is 100% disabled, monthly support would be almost $9,000.

The bill before us includes amendments to the Pension Act and the Veterans Well-being Act to put measures of the pension for life plan into effect. It would also provide income replacement at 90% of pre-release salary for veterans who are facing barriers returning to work after military service.

The government recognizes that psychiatric service dogs play an important role in helping Canadians cope with conditions like post-traumatic stress disorder. Through this bill, the government proposes to expand the medical expense tax credit to recognize costs for these animals for 2018 and future tax years. This measure would directly benefit veterans and others in the disability community who rely on psychiatric service dogs. This measure also complements the work of organizations that support them, such as the Royal Canadian Legion, and Paws Fur Thought, which provide service dogs to veterans and first responders with invisible disabilities.

In conclusion, to face the challenges of today and tomorrow, we will need the hard work, health, and creativity of all Canadians, including our veterans and seniors. One of the ways to help make that happen is by strengthening the programs that make the biggest difference in people's lives and by making those benefits easier to get.

Since 2016, the government has put in place substantial improvements to the benefits and services available for veterans. For example, the government has raised financial supports for veterans and caregivers, introduced new education and training benefits, and expanded a range of services available to the families of medically released veterans. When combined with existing services and benefits to help veterans in a wide range of areas, including education, employment, caregiver support, and physical and mental health, the Government of Canada's investments since 2016 add up to nearly $10 billion. These investments are the right thing to do to honour our nation's veterans, seniors, and all Canadians.

For that reason, I urge my colleagues to support the budget implementation act.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

We have time for one question before we go to statements by members.

The hon. member for New Westminster—Burnaby.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, the government has failed in the budget and the budget implementation act to take action against tax havens. We are talking about $10 billion to $30 billion a year that goes offshore and basically allows Canada's wealthiest citizens and biggest corporations to get off tax free, yet the government does not seem willing to take any action at all on that. It actually restricted the Parliamentary Budget Officer from getting the information that office needs to tell us about the massive tax gap. As a result, Canadians are asked to wait for things like pharmacare and pay equity.

Why is the government's priorities always with Bay Street rather than main street?

[Pam Goldsmith-Jones, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, on the contrary, we have all sat here day in, day out, and listened to the leadership of the minister talking about the proactive stance that our government is taking with regard to tax havens and the success she has already met with. Furthermore, going a little broader, it is important to recognize that Canada is the first country in the world to support an ombudsperson to ensure accountability for responsible enterprise when Canadian companies are doing business abroad.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

The hon. parliamentary secretary will have three minutes and 50 seconds coming to her when we resume after question period.

The House resumed consideration of the motion that Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures be read the second time and referred to a committee.

[The Speaker, Liberal, Geoff Regan]

I wish to inform the House that because of the ministerial statement, government orders will be extended by 28 minutes.

The hon. Parliamentary Secretary for Small Business and Tourism.

[Alaina Lockhart, Liberal, Parliamentary Secretary for Small Business and Tourism]

Mr. Speaker, I would like to begin by offering condolences to Humboldt, to the team, the families, the billets, and the entire community from the people of Fundy Royal. Our hearts are with them.

I rise today to speak to Bill C-74, the first budget implementation act. This budget builds on the investments made in our previous budgets and really takes it to the next level to ensure that all Canadians have an opportunity to benefit from the growth that we see in the economy. Today I would like to focus on a few of the items that are having, and will have, a profound impact in my riding of Fundy Royal.

The riding of Fundy Royal is predominantly rural, nestled between three southern cities in New Brunswick, and bordered on the north by the beautiful Bay of Fundy. Although the area is peppered by communities that are unique in their own way, there is a common thread that runs through them—

[The Deputy Speaker, Conservative, Bruce Stanton]

I would ask the hon. parliamentary secretary to hold that thought temporarily. There is one item in the previous debate, just before statements by members, that we had three and a half minutes remaining for the hon. Parliamentary Secretary to the Minister of International Trade.

Our speaking order is being formalized as we speak. We will wrap up questions and comments of the hon. Parliamentary Secretary to the Minister of International Trade and then we will go to the member for Calgary Rocky Ridge for his intervention, after which we will carry on with the rest of the order. We will get back to the hon. Parliamentary Secretary for Small Business and Tourism in due course.

Questions and comments, the hon. member for Kitchener—Conestoga.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, a large portion of the budget bill, over 200 pages, is devoted to the carbon tax. Could my colleague indicate what the cost per family will be? Apparently the Liberal government understands what it is and knows what it is, but is unwilling to share that information.

There have been estimates that the carbon tax will cost about $1,100 per family. That is the lowest estimate. The highest estimate puts it somewhere around $2,500 per family, which is a huge cost to the average family, especially to the middle-class families that the government purports to want to support.

Could my colleague come clean with the House of Commons and with all Canadians and indicate what the actual cost of the carbon tax per family will be?

[Pam Goldsmith-Jones, Liberal, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I rise in the House today, wearing this jersey from the 2010 Vancouver Winter and Paralympic Games out of deep respect for the families of Humboldt.

With regard to the question, I am very pleased to respond to the attention being paid with regard to putting a price on carbon pollution. It is an extremely important signal and something our government is deeply committed to in order to begin the transition to a low carbon economy. It is an integral aspect of the approval of the Kinder Morgan pipeline, together with the extensive consultation that has gone on with the 43 first nations in British Columbia which will be part of a brighter economic and cleaner environmental future.