Multilateral Instrument in Respect of Tax Conventions Act

An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting

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.

This enactment implements a multilateral instrument in respect of conventions for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
The multilateral instrument is an international treaty developed as part of the G20 and OECD’s project to tackle base erosion and profit shifting (BEPS). The purpose of the multilateral instrument is to modify, in their application, tax conventions between two or more parties to the multilateral instrument so as to further the objectives of the tax convention. The multilateral instrument operates alongside tax conventions to modify them in their application; it does not directly modify the text of the tax conventions. The multilateral instrument will apply to a Canadian bilateral double tax convention only if both parties to the convention notify the depositary that the convention is intended to be covered by the multilateral instrument. The Secretary-General of the OECD is the depositary of the multilateral instrument. The implementation of the multilateral instrument requires the enactment of this Act.

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

April 8, 2019 Passed Concurrence at report stage of Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 10:50 a.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, here we have another piece of legislation that I believe would assist in setting the agenda which really started virtually on day one with this government when we brought in legislation to look at giving Canada's middle class a tax break, which is something I would remind my colleague across the way that he voted against. Also, we put a tax on Canada's wealthiest 1%. Today, we have legislation before us which looks at ways in which we can ensure there is a higher sense of tax fairness, which is something Canadians want to see. It has been a priority for this government. We have invested literally hundreds of millions of dollars to look for and prosecute tax evaders.

Would my colleague across the way not agree that in good government we take the measures such that we have taken virtually from day one? There may be a bit of remorse for not supporting some of the previous legislation, but I would hope that the Conservatives will be supporting this piece of legislation.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 10:50 a.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, as I mentioned in my speech, we are supporting the bill. We do have our concerns, and I laid them out in my speech. I spoke for 20 minutes on what I thought could be ways we could improve this piece of legislation.

I would also point out that this project has been ongoing since 2013 under the previous Conservative government. We supported the effort to establish the working group to curtail profit sharing and tax avoidance. The agreement in 2013 has developed into the multilateral convention.

I should mention that the previous Conservative government began cracking down on tax avoidance measures. One example from January 2015 is that electronic measures of $10,000 or more must be reported to the Canada Revenue Agency by banks and financial institutions. The actions were already being taken on this side of the House when we were in power.

Again, on this piece of legislation, I laid out my concerns. I am hoping that through the committee process, the committee is a able to work on and iron out some of the concerns I mentioned. I am sure some issues will be raised by my colleagues at committee and through the testimony, and we will be able to improve the bill and hopefully make Canada a more competitive place on the world stage.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 10:50 a.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, it is good to hear that the Conservative Party is going to support this step forward in terms of closing loopholes and tax avoidance. However, we do not believe that this bill goes far enough.

My colleague talked about tax fairness. The Conservatives do not believe that New Democrats support risk takers in our country doing well, but we do. However, we also support them paying their fair share of taxes.

With respect to the CEO stock option loophole, CEOs are getting a 50% discount. Risk takers who have done well, who have won because of their hard work, are getting a discount on their taxes, which is not fair.

My friend Maureen Fraser owns the Common Loaf Bake Shop in Tofino, B.C. She pays her fair share of taxes. When she has a good year, she pays a little more, and she is happy to do so. But she does not think it is fair that CEOs get a discount on their taxes when they have a big win. Ninety-two per cent of the CEO stock option loophole would go to the 1%. That is unfair.

Does my friend and colleague support closing the loophole for the CEO stock option?

We know it is not about competitiveness. I have talked to CEOs and not one of them has told me they are going to move their business out of the country or they are not going to work in Canada if they do not get a discount on their taxes and they are not paying their fair share like everybody else.

The Liberals promised to close the loophole. Would the Conservatives do the same? Does my colleague think that the CEO stock option loophole is unfair?

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 10:55 a.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I know my friend is a supporter of the free market for the most part and I do appreciate that.

I would point out to him a couple of things. One way to fix that would be a flat tax, which would fix the problem of tax avoidance altogether. This is the place for debate and we can discuss that back and forth.

I would also point out that as investment is currently fleeing this country in tens of billions of dollars in the oil and gas sector, jobs are being lost and opportunities are going south of the border where the environment is more favourable to business.

We are already seeing that the money the Liberal government paid to nationalize the Trans Mountain pipeline, those taxpayer dollars went to the United States to build infrastructure in that country. We continue to fund projects in other countries rather than attract investment to ours. It is totally backward. Do not even get me started with the Asian infrastructure bank, where we are paying to build pipelines in other countries except ours. We did nationalize, which we did not have to do, but that is a discussion for another day.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 10:55 a.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, I find it rich that our hon. colleague from Winnipeg North proudly stands and talks about his government from day one when the Prime Minister has openly admitted that Canadians know that most small businesses are just an opportunity for rich people to hide their money and the finance minister conveniently forgot that he had a French chalet.

We have talked about government not being there to create jobs but it is there to create an environment for business to invest. I wonder if our hon. colleague would share some of the stories he has heard from local business owners in his riding about their concerns.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 10:55 a.m.
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Liberal

The Speaker Liberal Geoff Regan

I am afraid the hon. member for Haliburton—Kawartha Lakes—Brock will only have about 10 seconds to share stories, so that will be a challenge.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 10:55 a.m.
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Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, because I come from an agriculture community, I will say this. Farmers are getting frustrated because in order for them to do business they continue to struggle with red tape and regulations which are strangling them. When it is more profitable to regulate the farm than be a farmer, we have a problem.

The House resumed consideration of the motion that Bill C-82, An Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting, be read the second time and referred to a committee.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 12:05 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I thank my almost neighbour from Longueuil—Saint-Hubert for his warm welcome.

Today, we are debating Bill C-82, which does not exactly have the most exciting title in the world but does address an extremely important issue. I am referring to the Act to implement a multilateral convention to implement tax treaty related measures to prevent base erosion and profit shifting. There may be complicated bills that come before the House, but it is rare to have one with a title that takes up a significant amount of the time we have to debate it.

All joking aside, tax avoidance and tax evasion are key issues. The urgency of dealing with these issues is becoming increasingly evident, not just to us as legislators, but also to Canadians. This may seem like a subject that is not necessarily of interest to the average person. When we go door to door in our ridings, when we have an opportunity to speak with constituents at various events held in our ridings, the income tax act and the tax agreements signed with other countries may seem like issues that are not top of mind. Our constituents are focused on daily life, sending their children to school, looking after their health and managing their own budgets.

The thing that stands out to people is the fundamental inequity of this situation. People pay their taxes and the Canada Revenue Agency chooses to relentlessly go after single mothers who may have simply misunderstood a form or whose situation may have changed—maybe they separated from their child's father for example. I personally know individuals who have gone through shameful situations. I am not sure if my colleagues have had the chance to read the letters that the CRA sends those people. Even as members of the Standing Committee on Finance, I wonder if we would be able to understand the pages and pages of text and wording that is so complicated it has no meaning. We should not have to hire an accountant or, in some cases, a lawyer, because of the actions of an agency that is supposed to be a sound manager of taxpayers' money.

This situation is bad enough, but it is even worse when we consider that CEOs, the wealthiest individuals and unfortunately quite often friends of those in power, benefit from all these exemptions, all these poorly drafted laws, all these agreements that do not go far enough. Unlike the single mother, to continue with that example, they are able to take vacations in Barbados. Then they leave their money there while they are at it. It is unacceptable.

As a society, we cannot accept that. Our collective wealth, the social contract in which we are engaged as citizens of a society by paying taxes, and the work we call on the government to do on our behalf with our money, is one of the most fundamental aspects of our society. When we consider that some people do not want to fulfill this contract, do not want to meet this commitment, then we realize that we have failed somehow. Somewhere the government has failed in one of its basic duties.

These policies, these failures, are opening up a deep, dark gap of inequality between the rich and the not-so-rich. It is odd, because the Prime Minister loves talking about the middle class and those working hard to join it. In reality, when I am in my riding, I do not see a middle class and people working hard to join it. What I see is that certain citizens are honest and hard-working, and others do not need to lift a finger because they know full well that they will always enjoy the favour of the people in power. That is what is deplorable.

In my riding, there are some people who are relatively well off. They are the kind of people the Prime Minister loves to go after and brand as cheats. They are business owners running small and medium-sized companies, and to some people, they may appear to belong to a more privileged class. They have earned a good living and worked very hard on their businesses, but they are not the ones who should be targeted.

There are also people in my riding who struggle to put food on the table and can barely scrape together their rent or mortgage payments. In terms of means and lifestyle, these people could not be further apart. However, they have one thing in common, and it is what motivates me as an MP. They are all honest, and they all believe this:

“A rising tide raises all ships.”

The idea is that we live in a society where the wealth we share should benefit us all. They agree on that. The issue is the wealthiest 1%, which sometimes means literally 1% of the population but sometimes means Liberal Party donors who are friends with the Minister of Finance. They are the ones benefiting from a system that is totally broken.

Let us dig into the substance of the bill. Kudos to the member for Sherbrooke, who has been doing excellent work as our national revenue critic. He is doing amazing work on this extremely complex issue. Some people find this hard to believe, but he is Canada's youngest ever federal MP. His hard work got him re-elected, and he is so up on his issues that he can handle this extremely complicated file.

I also want to give a shout-out to the member for New Westminster—Burnaby, who is doing great work as the NDP's finance critic. That is our job, after all.

We moved a motion in the House in this regard and so did our colleague from Joliette. We are calling on the government to do more and to solve the various problems and failures related the system that I just talked about a few moments ago in my speech.

The bill before us seeks to implement multilateral instruments and to address the fact that some of our agreements with other countries are expiring. These instruments are an important step that will enable to make changes to our multilateral and bilateral agreements more easily.

People need to understand that agreements, accords and conventions that Canada has signed with other countries often exacerbate the problem. We are being told that all of these agreements are being signed to prevent double taxation. For example, a business or individual would have to pay taxes in Canada or another country. However, the legislation and other aspects of the legal framework need to be updated because they facilitate tax evasion and tax avoidance, even though ideally they should not.

We will support the bill because we think it contains good measures that are a step in the right direction. However, let us be clear. Our support for this bill at second reading is not a blank cheque. We are far from supporting the Liberal government's approach, which has failed to date. The fact that we are supporting this bill also does not excuse the fact that the government has not taken action on any of the other issues related to tax evasion and tax avoidance that are of concern to us.

Let us look at subsection 95(1) of the Income Tax Act and section 5907 of the Income Tax Regulations. Dividends from a foreign subsidiary are exempt from taxes in Canada. That means that there are companies that are making a lot of money and they are even doing business with Quebec and Canadian consumers. They are making their money here but inflating their profits because they are exempt from paying taxes in Canada.

Closing loopholes is just a matter of common sense. We are not talking here about companies that do 95% of their business in other countries and 5% in Canada. We are talking about companies that do the opposite. We are basically talking about companies that conduct most of their business in Canada or the United States but that have opened a bank account in another country where they do almost no business at all. That is a major shortcoming, and the government has still not updated the legislation, even though it would have been quite easy to do. The bill that we are debating contains elements related to tax evasion and tax avoidance, but it does nothing to address the relevant aspects of the law.

It is funny, because earlier today, I heard a Liberal member say this has been one of the government's priorities since its first day in office. The Liberals have been in power for three years now, and nothing has been done despite pressure from civil society, prominent members of society, and even some former Liberal Party candidates. So many Quebeckers have called for action on this. We and our colleagues from other parties have been proud to speak on their behalf. Échec aux paradis fiscaux and the non-partisan Réseau pour la justice fiscale Québec are just two great examples of groups that are standing up and speaking out.

Just as an aside, not to be mean, but that is what happens when the 41 Liberal members from Quebec remain silent. When so many groups and individuals in Quebec are speaking up, those MPs come off as being not only silent, but also deaf because they are not getting their constituents' message.

I find it deeply troubling that no party that has ever been in power is blameless in this matter. I have only to come back to the example I mentioned earlier in my question to a Conservative MP. In the last Parliament, during debate on the bill on the free trade agreement with Panama, which was negotiated and signed by the Conservatives, I raised an extremely important point demonstrating that the issue of tax evasion and tax avoidance is nothing new. For years we have been talking about it, and for years the federal government has failed to take the necessary steps that Canadians expect.

To come back to the agreement with Panama, that country is known to be complicit in tax evasion and tax avoidance. The United States can hardly be called progressive, especially in light of recent events, but even they realized that when making free trade deals and opening up their markets to countries like Panama, it was vital to include a formal requirement demanding the return of any government or taxpayer money that had been stashed away by individuals who refuse to meet their obligations to our society. Through that agreement and other measures, the United States managed to recover some of the money, although there is still a lot of work to be done.

However, what has Canada done about this? We only raised the issue without even discussing the problems associated with environmental protection or labour conditions in Panama. We ignored these crucial issues. Even if we focus on just this one element, the government did nothing when we raised the issue.

This is very worrisome because the government keeps telling us that its negotiations will be based on progressive values and that it will discuss reconciliation with indigenous peoples, gender equality and environmental protection. Naturally, I agree with that. After all, the NDP are proud to raise these issues every day in the House of Commons.

However, when we have a progressive agenda, we must also promote fairness. We must take action to eliminate the gap between the friends of those in power, the people who can afford to vacation in Barbados and take their wallets with them, and the honest people working hard in our communities, the rich and the not so rich, business people, single mothers and everyone else who is harassed by the Canada Revenue Agency. That has to stop. I am repeating myself, but I have to.

I can only hope that when the government negotiates these agreements, it will recognize that we must continue on this path and demand better conduct from certain rogue international stakeholders. I may be suffering from misplaced optimism because this government has a bad track record on this.

When the Liberals came to power, they boasted that Canada is back, but what is Canada doing? It is allowing Netflix, Facebook, Google, and American multinational corporations to get away with not paying their fair share of taxes. Then it allows Liberal Party billionaire donors and friends of the Minister of Finance to do the same thing and shirk their obligations to our country. Then it allows environmental delinquents to evade their obligations. We do not even respect our own obligations. In addition, Canada keeps exporting arms to countries like Saudi Arabia. On that, we might say that the Liberals are trying to redeem themselves, according to media reports.

All of this is relevant to the debate on Bill C-82 because the bill talks about a multilateral instrument. If Canada really is back, then it should be showing some leadership in helping countries that want to combat tax evasion, tax avoidance and all the other problems I just listed. Instead, Canada is sheltering delinquent players and prolonging a situation that has existed for far too long.

I would like to explain why all of this is so important in a way that the people at home can understand. I do not mean to be condescending—far from it. When I myself get letters from the Canada Revenue Agency, my first reaction is often to wonder what it is all about. When people get these letters, they sometimes ask their friends if they are going to jail, because they cannot understand them. That is how single mothers, sick people and people with disabilities are treated when they try to claim benefits they are entitled to.

The member for Sarnia—Lambton said that this is criminal. She herself rose in the House of Commons to talk about diabetic people being targeted by the Canada Revenue Agency, which is totally unacceptable. However, the Minister of National Revenue keeps bringing up this $1-billion figure. She keeps talking about money, but unless the law and agreements are changed, we are just throwing money out the window. That is a very apt phrase in this case, because, after all, that is what the rich in our society are doing, and it is all the more laughable because this money is landing well outside the federal government's coffers. That is unacceptable.

I would now like to say a few words to all of my constituents. It is all well and good to debate the fiscal code of conduct and the Income Tax Act, but it is important to recognize that the government has consistently failed when it comes to closing the gap between the rich and the poor. To accomplish that, the government must start with simple, practical measures.

By supporting Bill C-82 at second reading today, I am once again imploring the government to take action to put an end to tax evasion and tax avoidance, which it could have done by supporting the NDP's motion. The government needs to put an end to this injustice, which weighs heavily on the minds of honest Canadians who are trying to live their lives and benefit from a community and from an important social contract under which everyone must contribute their fair share.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 12:25 p.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, we listen often to the Liberal government talking about how it is looking for all of these tax evaders and the $25 billion of tax it claims it is going to find. However, the Liberals have been very silent about the Panama papers and I have not heard any progress on that $25 billion.

Has the member heard anything about the Liberals' actual progress on closing these loopholes and getting the tax money back?

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 12:30 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

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

When I hear the Liberals talking about tax evasion and tax avoidance, it is never because they have made progress. Rather, it is because someone who is close to their party was named in the documents in question, which were leaked. Fortunately, those leaks do occur. Fortunately, watchdogs have brought this to our attention. This is a shameful situation that needs to be remedied.

I want to say this. I think it is unacceptable, and even sexist in some cases, that women who are divorced or separated are targeted by the Canada Revenue Agency more often than the friends of the Liberals who are named in the Panama papers and other similar documents.

Perhaps I am an eternal optimist or possibly just naive, but I hope that the next time I see the words “Liberal Party” or the name of the Prime Minister in a news article about tax evasion and tax avoidance, it is because they have finally proposed concrete measures to put an end to this problem.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 12:30 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I listened to my colleague across the way. He commented about many of my Quebec colleagues, the 41 members of Parliament in the Liberal benches from Quebec. What I would like to emphasize to my friend across the way is that when he implies that they are not effective, when it comes down to fighting tax evasion and fair taxation of policies, the Quebec members of Parliament on this side of the House not only have been strong advocates for it, but they have also voted in favour of initiatives.

I would go to the 1%, for example, where we apply the tax on Canada's 1% wealthiest. Those Quebec MPs voted in favour of it. The Quebec MPs on the other side, and particularly in his party, voted against it. We also voted in favour of hundreds of millions of dollars in our budgets to go after tax evaders. The NDP voted against that.

My question to the member is this. Here we have yet another progressive piece of legislation. The Liberal members of this House, particularly the ones from Quebec, will be voting in favour of this legislation. Will the member be voting in favour of this legislation? If so, can he tell the House why it is he voted against those measures in two previous budgets to fight tax evaders, where hundreds of millions of dollars were allocated?

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 12:30 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, perhaps my colleague did not listen as closely as he claims because I stated very clearly in my speech that we are going to vote in favour of this bill at second reading.

With respect to the Liberal Party members from Quebec, I would like to point out that if the government were really listening to Quebeckers, it would not have used taxpayer money, which belongs in part to Quebeckers, to buy a 60-year-old pipeline for $4.5 billion. We would have wanted our voices heard. We would not be supporting an NDP motion or a motion by the member for Joliette to put an end to this situation because we never bothered to do anything about it.

I gave some very concrete examples of parts of the act that need to change, but none of that was done.

I have something to add before wrapping up. Saying that one guy voted against this and another voted against that is as misleading as it gets.

Personally, I will always be very proud to vote against budgets that do not do enough, that go no farther than consultations, or that set up programs the government will not be spending much money on until after the next election. We can go back and forth about nitpicky details, but what really interests me is the government's budget policy. When we believe it is destined to fail, we speak out against it.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 12:30 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, first, I want to thank my colleague for Beloeil—Chambly for always fighting for tax fairness for working Canadians.

As a former business owner and executive director of a chamber of commerce, and as the critic for the NDP on small business and tourism, I have had a chance to work with entrepreneurs, as well as be one. Entrepreneurs are often struggling just to make ends meet, just to make payroll or pay their suppliers or leases. They are under a tremendous amount of pressure.

When they are late paying their taxes, CRA does not take any time at all and is on top of the small business person. There is a collector assigned to them. CRA is aggressive in getting the taxes back. Despite the Prime Minister calling small business people tax cheats, I would say that most small business people are honest, hard-working people. They are the job creators and people who donate to our community organizations and build our communities. However, at the same time, as we saw with the KPMG scandal, if one has a good lawyer and a lot of money, the CRA will back off and make a deal, unlike its treatment of small business people.

I would like to ask my colleague about making sure that when we go ahead and make tax changes to fix these loopholes and gaps in these tax agreements, that CRA gets direction and prioritizes going after the heavy-hitters, the 1% who are trying to avoid paying taxes. Maybe it could shift those resources away from chasing the small person who is grinding it out day in, day out.

I would like to hear from my colleague if he thinks that CRA should be giving priority to those who are not paying their fair share off the backs of everyday working Canadians, shifting their money out of the country to avoid paying their fair share of taxes.

Multilateral Instrument in Respect of Tax Conventions ActGovernment Orders

September 28th, 2018 / 12:35 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, I thank my colleague for the question and for the excellent work he does as the small business critic and as a former business owner.

I think that is an important distinction to make. The Prime Minister did indeed take aim at small and medium-sized businesses both through his comments during the election campaign and in some of the policies that have been brought in. As I said, when I go back to my riding, I talk to people who are having a very hard time paying their rent or paying for groceries. I also talk to chambers of commerce, business owners, and small and medium-sized enterprises who, compared to some who are struggling, seem to be better off because they have enjoyed some success. As my colleague knows, it is not always as black and white as all that.

The Canada Revenue Agency makes it their priority to go after people like that. If this were being handled fairly we would not be talking about it. That is the problem. The problem is that these policies have totally missed the mark.

As I said in response to another colleague, every time we hear the government talk about this issue in the media, more often than not it is talking about its association with bad players instead of what it is doing to tackle the issue. There are such simple things the government could do, things that it has had plenty of time to do since coming to power. I find it all so terribly disappointing.

I will come back to the last point my colleague raised. It is clear that the directives given to the CRA need to be reviewed, not just to avoid targeting businesses, but, as my colleague said earlier, to stop primarily targeting the sick or single mothers. The minister has the power to do that. This should be a priority.