Bill C-82 (Historical)

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 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.

Multilateral Instrument in Respect of Tax Conventions Act

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Madam Speaker, I am very pleased to participate in this debate. I was thinking just the other day that one of the most offensive words in the English vocabulary, and perhaps the vocabulary of others throughout the world, has to be “taxes”. People hate taxes. More specifically, people hate paying taxes. This should come as no surprise to anyone. I do not like paying taxes. I do not think anyone does, but there is a huge difference between paying taxes as required by law and individuals or sometimes companies and multinational corporations deliberately finding ways to avoid paying taxes.

There are many old sayings that I could bring to the floor today and I will invoke a couple of them. One, of course, is that the only inevitable things in life are death and taxes. That just shows a predisposition by people to accept the fact that we are taxed, and perhaps over-taxed, unnecessarily. People have accepted it, but they do not have to do so willingly.

I recall many years ago a media broadcaster and commentator in the United States by the name of Arthur Godfrey, who once said, “I am proud to pay taxes in America”—because he understood understand that the taxes paid for all of the benefits, programs and services he received—“but I could be just as proud for half the money.” That is the reality that we face today in our everyday lives. We understand that we need to pay taxes to be able to pay for the programs and services that we receive, but do we really have to be paying as much as we currently do?

That debate we can have, but what is non-debatable is the fact that everyone needs to pay their fair share, and I emphasize the word “fair”. What we have seen over the last number of years is the proliferation of multinational companies that are not paying their fair share of taxes. That is the genesis of Bill C-82 that we are debating today.

In fact, we have seen, and there has been empirical evidence provided, that many multinational corporations are not just attempting to reduce their tax obligations and tax burden, but are actively trying to avoid paying taxes. That is where I have to disagree, and disagree vehemently, with those who would try to take advantage of what is undoubtedly a complicated tax code and tax system and deliberately try to undermine that tax system that affects all of us by deliberately avoiding their fair share of taxes.

Over the last number of years, certain articles have come to light, most specifically the Panama papers, which contain the names of Canadians who have been avoiding paying their fair share. I have been a firm believer all my life that every single person understands, from the first moment they are able to achieve cognition, the difference between right and wrong. I have no issue and take no issue whatsoever with individuals, corporations or companies that do everything they can to legally reduce their tax burden, which is fair game, but I do take issue with multinational corporations that have sometimes deliberately used illegal methods to avoid paying taxes.

I support Bill C-82. It is a step in the right direction. Quite frankly, I have criticized the current government for not going far enough. It has talked a good talk, but I have not seen it walk the walk yet in terms of recovering lost money that should have been paid into government coffers to provide the very programs and services we all enjoy. However, I at least applaud and agree with the initiative to bring forward Bill C-82. I certainly will be supporting it, because I hope that over time this and perhaps future governments will be able to more effectively collect the monies duly owed this country through lost taxes.

I also believe that Bill C-82, while admirable in its intent, does not go far enough. In fact, I would suggest that what we need to engage in now is to talk about tax policy in general, because one is connects to the other. Indeed, we are losing money to tax avoiders and tax cheats. Moreover, we also need to have a conversation about the level of taxation in this country and how it affects this country's competitiveness.

I have been alarmed over the last number of years to discover the amount of money, the amount of investment, that is leaving this country to go south of the border primarily because of the reduction in taxes by the new U.S. administration. The United States has drastically reduced its corporate taxes to a point where Canadians and Canadian businesses are moving south of the border because they find it a more attractive tax environment than here in Canada. I find that truly alarming.

We have implored the current government to try to come to grips with that, to try to reduce the tax burden here in Canada both on the corporate side and the individual side. However, so far, we have not had a very receptive audience. We find time and again that whenever we get financial updates from very reputable organizations and financial observers, not just in Canada but throughout the world, they say that Canada is losing investment capital to the United States because of our failed tax policy. I believe that has to be addressed. I would again implore the current government to deal with this quickly.

I have seen over time that tax policies certainly vary from jurisdiction to jurisdiction. However, one thing that is undoubtedly true is that excessive taxation is a problem for the citizens of every jurisdiction. It creates a system where both individuals and companies, but primarily large companies, aggressively try to avoid taxes because they believe they are overtaxed to begin with. In fact, I believe that this regressive tax policy and taxation in general, and high taxes in particular, cause individuals and corporations to try to avoid paying their taxes. As a matter of fact, I recall a statement by an old Republican warhorse by the name of Barry Goldwater, who once opined many years ago that the taxation has created more criminals than any other single act of government. That is true. Excessive taxation creates criminals, because individuals will do whatever they can to avoid paying what they believe to be excessive or unfair taxes. Once again, that is a debate that perhaps we can have at another time.

Currently, the level of taxation, both corporate and individual, in this country is proving to be uncompetitive. I do not want to see a situation where months or years from now we have to tell our children that the best thing they can do is to move out of this country to a place that has a more favourable tax regime to start a business, because here in Canada it is uncompetitive and they will simply be unable to compete.

It does not have to be that way. If we put our minds to it, and if there is the political will, we can do something about this unfair tax regime and the uncompetitive environment we find ourselves in today.

Let me conclude simply by saying that while I agree with, and will certainly support, Bill C-82, much more work needs to be done. I have not yet seen the government prove that it is willing to take the steps necessary to improve the competitive situation in this country, and once again, I implore it to do so.

[Marwan Tabbara, Liberal, Kitchener South—Hespeler, ON]

Madam Speaker, the member mentioned something about reducing corporate taxes in the United States. When we first came into government, we reduced the small business tax rate from 11% to 10.5%. We have continued to reduce that tax rate, and it is now down to 10%. In 2019, that will be reduced to 9%.

He also talked about competitiveness in the market and Canada not being competitive. I would have to disagree, because we just signed the USMCA, we signed CETA and we also signed the CPTPP, which gives us access to a market of 1.5 billion individuals.

Does the member not agree that our tax rate has been lowered for business and that we are competitive in world trade with these agreements?

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Madam Speaker, I want to point out a couple of things to my colleague.

First, with respect to the trade agreements he referenced, CETA was negotiated by our former Conservative government. TPP negotiations were initiated by our former government. I would also go further and point out to my colleague that under CETA, as one particular example, any trade agreement we signed benefits Canada as well as the European Union. That is certainly not the case with the USMCA.

Let us talk about one particular sector with respect to CETA: supply management. We allowed the European Union to gain access to the Canadian dairy market, primarily in Quebec, in the range of 2.5% to 3%. However, two things also accompanied that concession. We compensated our dairy producers to the tune of $4.3 billion, and most importantly, the reciprocal agreement provided that our dairy farmers had access to 18 countries in the European Union.

Contrast that with the recently signed USMCA, by which the United States gained access to the Canadian dairy market in Quebec while Canada got no access whatsoever to its market. That is not fair trade. That is not equal trade. That is capitulation. That is a concession outright.

That is why we continue to point out to Canadians that the USMCA, while a relief to most Canadians that an agreement was reached, is a bad deal, and that bad deal falls on the shoulders of the Liberal government.

[Pierre Nantel, NDP, Longueuil—Saint-Hubert, QC]

Madam Speaker, I would like to thank my colleague for his speech. I think that his input is important. He seems to have a lot of experience in business and finance. I found his explanations of the issues interesting, particularly what he just said about the free trade agreement with the United States, which was clearly signed at the expense of Quebec and Ontario dairy farmers.

I would like to ask him a question. I think he is very articulate. He was saying earlier that it is problematic when businesses break the law. However, he did not find it problematic that our laws establish certain tax havens. It may be a bit candid of me to say this, since I have no training in that regard, but I cannot understand why big business is allowed to get away with so much.

When it comes to free trade, is it possible that the Conservatives' approach is depleting the skills in our revenue collection agencies, while the private sector is busy snapping up the best and brightest, those who know the most about tax evasion?

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

Madam Speaker, let us just try to simplify this as much as possible.

I firmly believe that a low-tax, high-productivity environment is the best environment for everyone. I do not think there could be any argument on that. What we see today in Canada is almost the reverse, where we have a high-tax, low-productivity environment.

The Liberal government has proven time and time again that it seems to favour the Keynesian approach to fiscal policy. That has never proven to be effective in anyone's lifetime, and it certainly will not be effective if the government keeps pursuing that road.

In addition to its inability and unwillingness to at least engage in meaningful consultation about tax reform and the reduction of taxes, it has also continuously increased the debt load of Canadians. From promising a modest $10-billion annual deficit, the Liberals have gone far beyond that to the point now that officials in their own finance department have suggested that we will not see a balanced budget until 2045.

We have a situation where we have increasing debt in this country and uncompetitive and higher than necessary taxes. That is a recipe for fiscal disaster and economic ruin, and the Liberals know it. They simply need the political will to do something about it.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, there are many aspects of the member's speech that I would love to address, and I look forward to what will no doubt be a great debate on trade in the coming days and weeks. The USMCA deal is an incredible deal that is going to create all sorts of opportunities for Canadians. We fundamentally disagree with the opposition on its position. We recognize the true value and benefits for Canada's middle class.

My question is related specifically to the issue of tax fairness. What we have seen under the Prime Minister and this government over the last three years is a great deal of effort on that file. We could talk about the special tax on Canada's wealthiest one per cent. We could talk about the tax break for Canada's middle class. We could talk about the close to $1 billion put in by this government to go after individuals who are avoiding taxes. Now we have a legislative response to try to ensure that Canadians are taxed in a fairer way. It is budgetary. It is legislative. It is a progressive government moving forward on what is an important issue for Canada's middle class.

When the member reflects on the bill itself, would he not say that the bill itself is worthy of supporting?

[Tom Lukiwski, Conservative, Moose Jaw—Lake Centre—Lanigan, SK]

The answer is yes, Madam Speaker. I said it in my remarks earlier, and I say it again here. I will be supporting Bill C-82, because I agree with the intent of the bill. However, as I pointed out in my remarks, the government has failed in its ability to follow through on that intent.

I have not seen any meaningful recovery of tax dollars yet by the government. There has been some minor recovery, but certainly not to the extent the government should be attacking the problem.

The problem is that currently between $20 and $60 billion a year is leaving this country through tax avoidance measures by multinational corporations. Think of what that $20 to $60 billion could do for our country. Think of the benefits for our country in terms of health care, as one example.

The government has shown decidedly no desire whatsoever to go after some of these multinational companies that continuously flout the tax system by avoiding taxes. Instead, and I have to point this out, since my hon. colleague raised the question, all the government has done over the past couple of years is try to label small business people as tax cheats. If there are tax cheats out there, they are on the large multinational scale.

The government has done absolutely nothing to try to recover that money but instead tries to turn hard-working, small business people in Canada into tax cheats themselves with its own legislation, and that is shameful.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Is the House ready for the question?

[Some hon. members]

Question.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Finance.

(Motion agreed to, bill read the second time and referred to a committee)