Budget Implementation Act, 2018, No. 2

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

This bill is from 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 has also written a full legislative summary of the bill.

Part 1 implements certain income tax and related measures by
(a) introducing rules intended to provide greater certainty with respect to various tax consequences arising from certain foreign divisive reorganizations;
(b) ensuring that the existing cross-border anti-surplus stripping rule cannot be circumvented through transactions involving the use of partnerships or trusts;
(c) introducing rules to prevent misuse of the foreign accrual property income regime through the use of tracking interests involving foreign affiliates;
(d) ensuring consistency between the trading or dealing in indebtedness rules and the investment business rules within the foreign accrual property income regime;
(e) ensuring that the at-risk rules apply appropriately at each level of a tiered partnership structure;
(f) providing that the Minister of Public Safety and Emergency Preparedness can determine international operational missions for the purpose of the deduction available for income earned by members of the Canadian Forces or police officers on such missions;
(g) amending the synthetic equity arrangement rules and securities lending arrangement rules to prevent the artificial generation of losses through the use of equity-based financial instruments;
(h) ensuring that social assistance payments under certain programs do not preclude individuals from receiving the Canada Child Benefit;
(i) ensuring that an individual who is eligible to receive the Canada Workers Benefit can receive the benefit without having to claim it;
(j) introducing a refundable tax credit for the purposes of the climate action incentive;
(k) providing allocation rules for losses applied against Part IV taxes;
(l) preventing the creation of artificial losses on shares held as mark-to-market property by financial institutions;
(m) revising the rules relating to the non-partisan political activities of charities;
(n) ensuring that a taxpayer is subject to a three-year extended reassessment period in respect of any income, loss or other amount arising in connection with a foreign affiliate of the taxpayer;
(o) providing the Canada Revenue Agency with an extended reassessment period of an additional three years, to the extent that the reassessment relates to the adjustment of a loss carryback for transactions involving a taxpayer and non-resident non-arm’s length persons;
(p) extending the reassessment period of a taxpayer by the period of time during which a requirement for information or compliance order is contested;
(q) requiring that information returns in respect of a taxpayer’s foreign affiliates be filed within 10 months after the end of the taxpayer’s taxation year;
(r) enabling the disclosure of taxpayer and other confidential tax information to Canada’s bilateral mutual legal assistance treaty partners for the purposes of non-tax criminal investigations and prosecutions of certain serious crimes; and
(s) providing a deduction for employee contributions to the enhanced portion of the Quebec Pension Plan.
Part 1 also amends the Mutual Legal Assistance in Criminal Matters Act to, among other things, define the term “agreement” as applying, among other things, to tax information exchange agreements and tax treaties to which Canada is a party, and provide for orders to produce financial information for the purposes of investigation and prosecution of certain offences set out in subsection 462.‍48(1.‍1) of the Criminal Code. The enactment also amends paragraph 462.‍48(2)‍(c) of the Criminal Code to provide that information may also be gathered under Part IX of the Excise Tax Act and under the Excise Act, 2001.
Part 2 implements certain Goods and Services Tax/Harmonized Sales Tax (GST/HST) measures by
(a) replacing the requirement that GST/HST be collected on a sale of carbon emission allowances with a requirement that the purchaser self-assess that GST/HST;
(b) extending the assessment period for group registered education savings plan trusts that make a special relieving election in respect of their past HST liability;
(c)  introducing GST/HST rules in respect of investment limited partnerships;
(d) clarifying the intended tax policy of excluding books that are sold by a public service body from the GST/HST rebate for printed books;
(e) introducing amendments similar to those to the Income Tax Act to extend the assessment period of a person by the period of time during which a requirement for information or compliance order is contested; and
(f)  introducing amendments similar to those to the Income Tax Act to enable the disclosure of confidential information to Canada’s bilateral mutual legal assistance treaty partners, or to Canadian police officers, for the purposes of non-tax criminal investigations and prosecution of certain serious crimes.
Part 3 implements certain excise measures by
(a) broadening the refund regime in respect of excise tax on diesel fuel to allow a vendor to apply for a refund where a purchaser will use excise tax-paid diesel fuel to generate electricity, if certain conditions are met;
(b) introducing an anti-avoidance excise measure relating to the taxation of cannabis in respect of the rules establishing the value of a cannabis product on which an ad valorem duty is calculated;
(c)  introducing amendments to the Air Travellers Security Charge Act and the Excise Act, 2001 that are similar to those to the Income Tax Act to extend the assessment period of a person by the period of time during which a requirement for information or compliance order is contested;
(d) introducing amendments to the Excise Act, 2001 that are similar to those to the Income Tax Act to enable the disclosure of confidential information to Canada’s bilateral mutual legal assistance treaty partners, or to Canadian police officers, for the purposes of non-tax criminal investigations and prosecution of certain serious crimes; and
(e) making housekeeping amendments to the Excise Act, 2001 in order to ensure consistency between the English and French version of the legislation.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Customs Tariff in order to simplify it and reduce the administrative burden for Canadian businesses and the Government of Canada by consolidating similar tariff items that have the same tariff rates and removing end-use provisions where appropriate. The amendments also clarify existing tariff provisions and make other technical amendments.
Division 2 of Part 4 amends the Canada Pension Plan to modify the calculation of the amount to be attributed for a year in which a contributor is a family allowance recipient and their first or second additional contributory period begins or ends.
Subdivision A of Division 3 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to, among other things,
(a) establish thresholds below which the acquisition of control of certain entities, or the acquisition or increase of a substantial investment in them, does not require the approval of the Superintendent of Financial Institutions;
(b) allow financial institutions to invest in the Canadian business growth fund; and
(c) ensure that customers can provide consent electronically to receive electronic documents.
It also corrects a reference to the Insurance Companies Act in the Budget Implementation Act, 2018, No. 1.
Subdivision B of Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things,
(a) make technical amendments to clarify the method of calculating insured deposits, to remove outdated references, to repeal certain provisions not yet in force and to clarify that withdrawals made following the amalgamation of two or more member institutions or the continuance as a federal credit union will be considered to be made from pre-existing deposits and that the separation of accounts following the amalgamation is limited to a period of two years;
(b) exclude amounts borrowed by the Canada Deposit Insurance Corporation under paragraph 60.‍2(2)‍(c) of the Financial Administration Act from the calculation of the Corporation’s total principal indebtedness; and
(c) clarify that the liquidator of a member institution of the Canada Deposit Insurance Corporation must not apply the law of set-off or compensation to a claim related to insured deposits.
It also repeals two sections of the Financial System Review Act.
Subdivision C of Division 3 of Part 4 amends the Office of the Superintendent of Financial Institutions Act, the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to, among other things, clarify that providing legally privileged information to the Superintendent of Financial Institutions does not constitute a waiver of the privilege.
Division 4 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to remove the right of persons to decide not to proceed further with importing or exporting currency or monetary instruments that are required to be reported.
Division 5 of Part 4 amends the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act to, among other things, allow for the application, within the offshore area, of the provincial greenhouse gas pricing regime and to confer powers and impose duties and functions on the Canada–Newfoundland and Labrador Offshore Petroleum Board for the application of that regime. It also amends the Greenhouse Gas Pollution Pricing Act to provide that the provincial regime does not apply if the offshore area is mentioned in Part 2 of Schedule 1 to that Act. Finally, it amends the Offshore Health and Safety Act to postpone the repeal of certain regulations.
Division 6 of Part 4 amends the Canada Business Corporations Act to set out criteria for identifying individuals with significant control over a corporation. The Division also sets out a requirement for a corporation that meets certain criteria to keep a register of individuals with significant control and requirements respecting the information to be recorded in it. Finally, the Division includes applicable offences and punishments.
Subdivision A of Division 7 of Part 4 amends the Patent Act in order to
(a) provide a regulation-making authority for the establishment of requirements for written demands relating to patents;
(b) specify that an act committed for the purpose of experimentation relating to the subject matter of a patent is not an infringement of the patent and that licencing commitments that bind the owner of a standard-essential patent or the holder of a certificate of supplementary protection that sets out such a patent bind any subsequent owners or holders;
(c) expand the rights of a person in respect of a claim in a patent who meets the requirements to be considered a prior user;
(d) ensure that patent prosecution histories may be admissible into evidence for certain purposes;
(e) clarify when a late fee must be paid in respect of divisional applications as well as when the confidentiality period begins in the case where a request for priority is deemed never to have been made.
Subdivision B of Division 7 of Part 4 amends the Trade-marks Act to, among other things,
(a) add bad faith as a ground of opposition to the registration of a trade-mark and for the invalidation of a trade-mark registration;
(b) prevent the owner of a registered trade-mark from obtaining relief for acts done contrary to section 19, 20 or 22 of that Act during the first three years after the trade-mark is registered unless the trade-mark was in use in Canada during that period or special circumstances exist that excuse the absence of use;
(c) clarify that the prohibitions in subparagraph 9(1)‍(n)‍(iii) and section 11 of that Act do not apply with respect to a badge, crest, emblem or mark that was the subject of a public notice of adoption and use as an official mark if the entity that made the request for the public notice is not a public authority or no longer exists; and
(d) modernize the conduct of various proceedings before the Registrar of Trade-marks, including by providing the Registrar with additional powers in such proceedings.
It also makes certain housekeeping amendments to provisions of the Trade-marks Act that are enacted by the Economic Action Plan 2014 Act, No. 1 and the Combating Counterfeit Products Act.
Subdivision C of Division 7 of Part 4 amends the Copyright Act in order to specify that certain information is not permitted to be included within a notice under the notice and notice regime and to provide for a regulation-making power to prohibit further types of information from being included within such a notice.
Subdivision D of Division 7 of Part 4 enacts the College of Patent Agents and Trade-mark Agents Act. That Act establishes the College of Patent Agents and Trade-mark Agents, which is to be responsible for the regulation of patent agents and trade-mark agents in the public interest. That Act, among other things,
(a) requires that individuals obtain a licence in order to act as patent agents or trade-mark agents and that licensees comply with a code of professional conduct;
(b) authorizes the College’s Investigations Committee to receive complaints and conduct investigations into whether a licensee has committed professional misconduct or was incompetent;
(c) authorizes the College’s Discipline Committee to impose disciplinary measures if it decides that a licensee has committed professional misconduct or was incompetent; and
(d) creates new offences of claiming to be a patent agent or trade-mark agent and unauthorized representation before the Patent Office or the Office of the Registrar of Trade-marks.
That Subdivision also makes consequential amendments to certain Acts.
Subdivision E of Division 7 of Part 4 amends the Bankruptcy and Insolvency Act to provide that intellectual property users may preserve their usage rights when intellectual property rights are sold or disposed of in an insolvency proceeding or when the agreement relating to such property rights is disclaimed or resiliated in such a proceeding. It also amends the Companies’ Creditors Arrangement Act to provide that intellectual property users may preserve their usage rights when intellectual property rights are sold or disposed of.
Subdivision F of Division 7 of Part 4 amends the Access to Information Act and the Privacy Act to provide that the head of a government institution may refuse to disclose, under either of those Acts, information that is subject to the privilege set out in section 16.‍1 of the Patent Act or section 51.‍13 of the Trade-marks Act. It makes a related amendment to the Pest Control Products Act.
Subdivision G of Division 7 of Part 4 amends the National Research Council Act to clarify that the National Research Council of Canada has the authority to dispose of all forms of intellectual property that it develops, including future rights to such property and to provide the Council with the authority to dispose of real, personal, movable and immovable property, complementing the current provision in the Act that allows it to acquire such property.
Subdivision H of Division 7 of Part 4 amends the Copyright Act in order to modernize the legislative framework relating to the Copyright Board so as to improve the timeliness and clarity of its proceedings and decision-making processes. More specifically, it repeals spent provisions and
(a) codifies the Board’s mandate and establishes decision-making criteria;
(b) establishes new timelines in respect of Board matters, including earlier filing dates for proposed tariffs and longer effective periods for approved tariffs, and empowers the Governor in Council to make additional timelines by regulation;
(c) formalizes case management of Board proceedings;
(d) reduces the number of matters that must be considered by the Board;
(e) streamlines procedural steps across different tariff contexts, maintaining differences between them only where necessary;
(f) amends relevant enforcement provisions, including the availability of statutory damages for certain parties in respect of Board-set royalty rates and enforcement of Board-set terms and conditions; and
(g) modernizes existing language and structure for greater clarity and consistency.
Division 8 of Part 4 amends the Employment Insurance Act to, among other things, increase the maximum number of weeks for which parental benefits may be paid if these benefits are divided between claimants. It also amends the Canada Labour Code to, among other things, increase the aggregate amount of leave that may be taken by employees under sections 206.‍1 and 206.‍2 if that leave is divided between employees.
Division 9 of Part 4 enacts the Canadian Gender Budgeting Act in order to state the Government’s policy of promoting gender equality and inclusiveness by taking gender and diversity into consideration in the budget process. It also establishes related reporting requirements.
Division 10 of Part 4 amends the Bank Act to strengthen provisions that apply to a bank or an authorized foreign bank in relation to the protection of customers and the public. It implements enhancements in the areas of corporate governance, responsible business conduct, disclosure and transparency, and redress. It also amends the Financial Consumer Agency of Canada Act to strengthen the mandate of the Financial Consumer Agency of Canada and grant additional powers to that Agency.
Division 11 of Part 4 amends the First Nations Land Management Act to give effect to amendments to the Framework Agreement on First Nation Land Management respecting, among other things, procedures for obtaining community approval of a land code, the lands to which a land code may apply, the addition of lands to First Nation land by order of the Minister and the transfer of capital moneys.
Division 12 of Part 4 amends the First Nations Fiscal Management Act to, among other things,
(a) enable more Aboriginal organizations and First Nations to benefit from the provisions of the Act in order to strengthen their financial management systems and give them access to long-term financing;
(b) address certain administrative issues identified by the bodies established under the Act; and
(c) provide another option for First Nations to access moneys held by Her Majesty for their use and benefit.
Division 13 of Part 4 amends the Export and Import Permits Act to give the Minister of Foreign Affairs the authority to issue an import allocation for goods that are included on the Import Control List under subsection 5(6) of that Act.
Division 14 of Part 4 enacts the Pay Equity Act to establish a proactive process for the achievement of pay equity by the redressing of the systemic gender-based discrimination experienced by employees who occupy positions in predominantly female job classes. The new Act requires federal public and private sector employers that have 10 or more employees to establish and maintain a pay equity plan within set time frames so as to identify and correct differences in compensation between predominantly female and predominantly male job classes for which the work performed is of equal value. The new Act provides for the powers, duties and functions of a Pay Equity Commissioner, which include facilitating the resolution of disputes, conducting compliance audits and investigating disputes, objections and complaints, as well as making orders and imposing administrative monetary penalties for violations of that Act. The new Act also requires the Pay Equity Commissioner to report annually to Parliament on the administration and enforcement of the new Act.
Division 14 also amends the Parliamentary Employment and Staff Relations Act to provide for the application of the Pay Equity Act to parliamentary employers with certain adaptations and without limiting the powers, privileges and immunities of the Senate, the House of Commons and the members of those Houses.
It also makes the Minister of Labour responsible for the administration of the Federal Contractors Program for Pay Equity.
Finally, it makes related and consequential amendments to certain Acts and repeals the section of the Budget Implementation Act, 2009 that enacts the Public Sector Equitable Compensation Act.
Subdivision A of Division 15 of Part 4 amends the Canada Labour Code to, among other things,
(a) provide five days of paid leave for victims of family violence, a personal leave of five days with three paid days, an unpaid leave for court or jury duty and a fourth week of annual vacation with pay for employees who have completed at least 10 consecutive years of employment;
(b) eliminate minimum length of service requirements for leaves and general holiday pay and reduce the length of service requirement for three weeks of vacation with pay;
(c) prohibit differences in rate of wages based on the employment status of employees;
(d) address continuity of employment issues when a work, undertaking or business becomes federally regulated or in cases of contract retendering; and
(e) update group and individual termination provisions by increasing the minimum notice of termination.
Subdivision B of Division 15 of Part 4 amends the Canada Labour Code to allow the Minister of Labour to designate a Head of Compliance and Enforcement who will exercise most of the powers and perform most of the duties and functions that are related to the administration and enforcement of Parts II, III and IV of the Code.
Division 16 of Part 4 amends the Wage Earner Protection Program Act to, among other things, increase the maximum amount that may be paid to an individual under the Act, expand the definition of eligible wages, expand the conditions under which a payment may be made under the Act and create additional requirements related to Her Majesty in right of Canada’s right of subrogation in respect of payments made under the Act.
Division 17 of Part 4 amends the Bretton Woods and Related Agreements Act, the European Bank for Reconstruction and Development Agreement Act and the Official Development Assistance Accountability Act to harmonize the periods within which the reports under those Acts must be laid before Parliament in order to better communicate Canada’s international development efforts. It also repeals the definition of “official development assistance” in the Official Development Assistance Accountability Act and confers the power to define this expression by regulation.
Division 17 also enacts the International Financial Assistance Act, which provides the Minister of Foreign Affairs and the Minister for International Development with powers, duties and functions to support the delivery of a sovereign loans program, an international assistance innovation program and a federal international assistance program that promotes the mitigation of or adaptation to climate change through repayable contributions.
Division 18 of Part 4 enacts the Department for Women and Gender Equality Act which, among other things, establishes the Department for Women and Gender Equality to assist the Minister responsible for that department in exercising or performing the Minister’s powers, duties and functions that extend to and include all matters relating to women and gender equality, including the advancement of equality in respect of sex, sexual orientation, or gender identity or expression and the promotion of a greater understanding of the intersection of sex and gender with other identity factors. It also contains transitional provisions. Finally, Division 18 makes consequential amendments to other Acts.
Division 19 of Part 4 enacts the Addition of Lands to Reserves and Reserve Creation Act which authorizes a Minister, designated by the Governor in Council, to set apart lands as reserves for the use and benefit of First Nations. The Division also repeals Part 2 of the Manitoba Claim Settlements Implementation Act and the Claim Settlements (Alberta and Saskatchewan) Implementation Act.
Division 20 of Part 4 amends section 715.‍42 of the Criminal Code to require the publication of any decision not to publish a remediation agreement or order related to that agreement and of any decision related to the review of such a decision, to specify that the court may make the first decision subject to a condition, including one related to the duration of non-publication, and to allow anyone to request a review of that decision.
Division 21 of Part 4 enacts the Poverty Reduction Act, which sets out two targets for poverty reduction in Canada.
Division 22 of Part 4 amends the Canada Shipping Act, 2001 to, among other things,
(a) authorize the Governor in Council to make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities;
(b) authorize the Minister of Transport to
(i) make an interim order to mitigate risks to marine safety or to the marine environment, and
(ii) exempt any person or vessel from the application of any provision of that Act or the regulations if doing so would allow the undertaking of research and development that may enhance marine safety or environmental protection;
(c) increase the maximum amount of an administrative penalty that the Governor in Council may fix by regulation;
(d) authorize the Minister of Fisheries and Oceans, pollution response officers and accompanying persons to enter private property in the case of a discharge of oil from a vessel or oil handling facility; and
(e) double the administration monetary penalties for certain violations.
Division 23 of Part 4 amends the Marine Liability Act to modernize the Ship-source Oil Pollution Fund, including, among other things,
(a) removing the Fund’s per-occurrence limit of liability;
(b) in the event that the Fund is depleted, authorizing the temporary transfer to the Fund of funds from the Consolidated Revenue Fund;
(c) modernizing the Fund’s levy so that the Fund is replenished by receivers and exporters of oil;
(d) ensuring that the Fund’s liability for claims for economic losses caused by oil pollution aligns with international conventions;
(e) providing that the Fund is liable for the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person in respect of preventive measures when the occurrence for which those costs and expenses were incurred has not yet created a grave and imminent threat of causing oil pollution damage;
(f) authorizing the provision of up-front emergency funding out of the Fund to the Minister of Fisheries and Oceans for significant oil pollution incidents;
(g) creating an expedited, simplified process for small claims to the Fund; and
(h) providing for administrative monetary penalties for contraventions of specified or designated provisions under that Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Votes

Dec. 3, 2018 Passed 3rd reading and adoption of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Dec. 3, 2018 Passed 3rd reading and adoption of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Dec. 3, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (recommittal to a committee)
Nov. 27, 2018 Passed Concurrence at report stage of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Failed Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (report stage amendment)
Nov. 27, 2018 Passed Time allocation for Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Nov. 6, 2018 Passed 2nd reading of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Nov. 6, 2018 Passed 2nd reading of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures
Nov. 6, 2018 Failed 2nd reading of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (reasoned amendment)
Nov. 6, 2018 Passed Time allocation for Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:05 p.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I thank my colleague from Saanich—Gulf Islands. She is obviously very involved in this file and her involvement in and commitment to society in general are a good example of some of the things that can be done.

Many scientists, industry representatives, workers in the environmental field, and people around the world are carrying out initiatives in this regard. Thousands of initiatives are being carried out around the world. I am talking about initiatives pertaining to permaculture, local currency, buy local networks, geothermal energy, wind energy, the creation of construction standards for more energy efficient buildings, and awareness campaigns regarding the fight against plastic.

We are calling on the government to establish a plan for every department. Right now, only 5 out of 19 departments have a plan to reduce greenhouse gas emissions. Environment Canada does not even have one. That makes no sense at all. I cannot believe it.

The government needs to have its own plan to adapt to climate change and apply it through public policies in every department and every sector, whether it be transport, food, housing construction and so on. There is an urgent need to act now.

Young people and the general public understand that. The only one who does not is the government.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:10 p.m.

LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalParliamentary Secretary to the Minister of Innovation

Mr. Speaker, I am honoured to rise today in the House to speak to our economic update.

I did not get a chance to ask my colleague who just spoke a question. I think she was a bit unfair to the connect to innovate program. We invested $500 million in Canada, and the CRTC will invest even more to create the backbone of the system.

True, there are some challenges with the maps, but the CRTC and the Minister of Innovation are always open to redrawing the maps to better connect Canadians.

We invested $100 million in Quebec, and I was there for a number of the announcements. I assure the member and the House that we are working on getting people connected, since this has become a necessity in our country.

I would like to take a moment with the time that I have to speak about some of the intellectual property provisions in the economic update, with the backdrop being that the government had to address yet another deficit from the previous government, which was the innovation deficit.

The previous government, under Harper, had not invested for 10 years in either basic research or in innovation. We had fallen behind our neighbours and competitors in a variety of different ways. We had previously been good at this.

We have now brought that back, with massive, historic investments, in both fundamental curiosity-based research, as well as investing in both people and technology in order to make Canada a world leader in a variety of different digital areas, the new economy, artificial intelligence and training people, from kids all the way to the elderly, upscaling and retraining, in order that we be positioned to take advantage of that.

All of this is framed by an IP strategy that we announced earlier in 2018. It really pushes Canadians and Canadian inventors to think about intellectual property as part of the way in which they monetize their investments. I know the minister is fond of saying, and he is right, that companies that think about intellectual property tend to be more profitable and do better. We certainly are trying to buttress that with an array of policies in the IP strategy, as well as in the fall economic statement.

First, I want to speak a little about notice and notice regime and the improvements we have made to that. It is an interesting Canadian invention, the notice and notice regime. One of my old colleagues, Daniel Gervais, who was at the University of Ottawa at the time and is now at the University of Amsterdam, came up with this. The idea is that Internet service providers should not be liable for copyright infringement going on the Internet when they are acting only as a conduit. This accords with our traditional underlying principle of net neutrality.

What we do is we allow copyright holders, right holders to point out to an Internet service provider that there has been an alleged infringement of copyright through its architecture. Then we ask the Internet service provider to act in a certain way in order to maintain an immunity from liability.

In the United States, the Americans reacted with something called notice and take down, in which a copyright holder would tell the Internet service provider that there had been an infringement. In order for the Internet service provider to maintain its immunity, it would simply take down the work.

This system was widely criticized in the United States because it was being abused. People were alleging copyright infringement in all sorts of cases, when perhaps there was not even copyright infringement at all. It led to a silencing or had a chilling effect on free speech, among other things.

Our Canadian response was quite a good one. When such an allegation would be made, we would ask the Internet service provider to first freeze the information, archive it, and then give notice to the person who had put up the content that some sort of infringement had happened. This then would allow for both the information to be preserved and for the copyright holder to pursue it in our court system, if he or she wanted to do that, a court system in which we have a great deal of confidence, and get to the right result without the abuse that happened in the notice and take down system.

What began to happen in Canada, and I saw this myself a number of times in my teachings, was that American rights holders, through American law firms, would often allege content infringement in Canada. They would then send a letter to those people telling them that they had infringed copyright and that they would be sued unless they paid x thousands of dollars by clicking on the link included. Sadly, a number of people did not realize this kind of claim was in contravention of Canadian law and they paid the money. This kind of trolling is what we are trying to prevent by standardizing the kinds of letters that are used in the notice and notice regime and by prohibiting any request for a monetary settlement in these letters.

We also heard from Internet service providers in Canada that it was difficult for them to maintain and archive all these various kinds of claims. Therefore, by standardizing the form, we also reduce the costs and increase the incentive for Canadian Internet service providers to comply with the system.

It is a good system. We are improving it by standardizing costs, making it more fair and preventing trolls from taking advantage of the system.

I am very proud of the Minister of Foreign Affairs and her team for having preserved the notice and notice regime in the renegotiation of the free trade agreement with Mexico and the United States. It is a strong Canadian addition to international copyright. I am pleased we have taken steps to improve it, based on the consultations we have had. These were widely shared among people and were widely agreed upon.

We are also making improvements to the patent regime, which again will help the innovative climate in Canada. We are allowing for experimentation on patents and not calling it patent infringement. It has been said that the patent system is a bargain whereby a person gets a monopoly for 20-odd years for an invention after having disclosed the secret of the invention publicly. Yes, it is true. We do not want people to infringe on the economic rights of the patent holder. However, it is not an infringement on the economic rights of the patent holder because it is not an absolute right for some other researcher to do experiments with the patent to develop another invention or improve an invention. We have recognized that in the statute.

Because licensing is such an important part of the patent regime, we have also protected licensees who licence a critical patent for their own processes and inventions, such that if the company falls into insolvency or bankruptcy or goes under creditor protection, the licensee will not lose the right to use that licence.

With respect to trademark, we are adding bad faith as a ground for opposition to trademarks. That too is something that accords overall with what we are trying to do.

I and other colleagues have spoken about a new college for patent and trademark agents to improve the quality of advice and service that is given. Again, this helps Canadian innovators.

Finally, we have brought in major improvements to the functioning of the Copyright Board, which plays such a critical role for both rights holders and users with respect to establishing rights and tariffs moving forward. If we can do that more quickly, more efficiently and in a substantively better way, it helps everyone.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:20 p.m.

Conservative

Larry Maguire Conservative Brandon—Souris, MB

Mr. Speaker, my colleague has expounded on a number of programs that the Liberals think they are putting to good use in Canada. However, I have one problem. They are spending $49.5 million more every day than they are taking in. They are adding that much to the debt, over $2 million an hour.

Programs and projects could be put in place that would help them with the revenue side and sustain the jobs we already have rather than lose them, and one would be the building of pipelines in Canada. It would even reduce greenhouse gases around the world if we could get pipelines to both coasts. We would have a more efficient export program and help put people to work in other countries, as well as reduce greenhouse gases with oil they could use here rather than the products they presently use.

I wanted to point that out for my colleague across the way.

I heard the Minister of Employment, Workforce Development and Labour this morning refer to this as a fiscally sound management update for the fiscal accountability of the government. I would like to ask the member two things. When does he think the budget will ever be balanced? With $49.5 million more being spent every day than the government is taking in, how is this sound fiscal management?

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:20 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I am a homeowner and I have a mortgage on my house. If the roof caves in or the plumbing breaks, I will have to spend money to fix it. My colleague next to me referred to that as an infrastructure deficit. There are simply times when in order to preserve the whole of the investment, we have to make other investments. That is precisely what we are doing.

We inherited a massive infrastructure deficit. In my home province, bridges are falling, infrastructure is deteriorating, water and environmental infrastructure. We had an innovation deficit. Now we are remedying that.

Yes, we have to spend money to do it, but, as has been pointed out a number of times, our debt-to-GDP ratio is going down and we have the best position in the G7 with respect to both overall debt and debt-to-GDP ratio. We are doing it prudently and saving the house.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:20 p.m.

Conservative

Kerry Diotte Conservative Edmonton Griesbach, AB

Mr. Speaker, we have heard talk from the other side of the House about lifting people out of poverty. I hear that constantly. I am going to state some figures. My colleague on this side of the House was getting into some of them.

The first figure is $2,066,210, the second figure is $17,948 and the third figure is $49,589,041. I could do a quiz, but maybe the folks on the other side of the House realize that the first figure is the amount the debt is going up per hour. The second figure is the amount that every Canadian owes, $17,948. The third figure, $49,589,041, is the amount the debt grows every day.

When Liberals talk about lifting people out of poverty, what does my colleague tell Canadian youth who are faced with a debt of $663 billion right now? How is that lifting them out of poverty?

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:25 p.m.

Liberal

David Lametti Liberal LaSalle—Émard—Verdun, QC

Mr. Speaker, I thank the hon. member for his proficiency in math. The answers are quite obvious.

First, the major part of Canada's overall debt was loaded by Conservative governments, first Mulroney and then Harper, in a massive way. It was only Liberal governments, such as Mr. Martin's government and this one, that managed to reduce the overall debt load.

Our overall debt load is going down as a function of our GDP. Precisely the answer for young people is that we are investing in the kind of economy that is going to give them great jobs when they finish school. It is going to subsidize the education they are getting to get those great jobs. As the economy grows, the overall percentage and importance of the debt actually goes down. I would put it to young people that they would like more challenging and better-paying jobs, knowing the debt has been managed moving forward.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:25 p.m.

The Deputy Speaker Bruce Stanton

I see the hon. member for Coast of Bays—Central—Notre Dame. We are out of time for this particular five-minute period, but I can promise him that we will get him the next time around.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Foreign Affairs.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:25 p.m.

West Vancouver—Sunshine Coast—Sea to Sky Country B.C.

Liberal

Pam Goldsmith-Jones LiberalParliamentary Secretary to the Minister of Foreign Affairs (Consular Affairs)

Mr. Speaker, this budget builds upon previous budgets by protecting the environment and strengthening the economy, and the results quite clearly speak for themselves. At 3%, Canada has the strongest economic growth of the G7 countries. In the last three years, Canadians have created 550,000 new jobs and have pushed unemployment to a record 40-year low. More Canadians are working, wages are growing and business confidence is strong. Budget 2018 is the next step in our plan to ensure that every Canadian has a real and fair chance at success.

In British Columbia, we understand the importance of measures that protect our oceans and ensure a strong and biodiverse ecosystem. Canada relies on safe and healthy coasts and waters for trade, economic growth and quality of life, and we recognize that the ocean holds a special place in the traditions and cultures of Canadians, and in particular, of indigenous peoples.

It gives me great pleasure to focus on the oceans protection plan legislative amendments that would enhance marine environmental protection and strengthen marine safety to support safe and environmentally responsible shipping.

Passage of these amendments would strengthen safeguards to better protect marine environments from the impacts of shipping, including protecting endangered whale populations. They would enable a more proactive, rapid and effective response to oil spills in Canada's waters. They would modernize Canada's ship-source oil pollution fund, including unlimited compensation for victims and responders in the event of an oil spill from a ship, and they would support research and innovation to enhance marine safety and environmental protection.

Our government is entirely committed to the sustainability of wild Pacific salmon and recognizes that this commitment requires ongoing action to succeed. Recognizing the importance of fisheries to Canada's economy as a whole, and commensurate with the Atlantic fisheries fund, this budget would create a British Columbia salmon restoration and innovation fund, which would include a contribution to the Pacific salmon endowment fund of $5 million in 2018-19. As well, our government is committed to the sustainability of wild stocks and would invest $107 million to support stock assessment and rebuilding efforts from coast to coast to coast.

Canadians are deeply concerned about threatened whale populations. We would commit $61 million to help whales recover, building on the approximately $800 million in investments to date under the oceans protection plan and the $167 million in budget 2018 dedicated to protecting endangered whales. The additional measures announced today would focus on increasing the food supply for whales, reducing the disturbance caused by vessel noise and addressing ocean contaminants to strengthen our overall effort. Our government is making a real long-term and sustained effort to help whales recover.

Plastics in the ocean are a threat to whales and to many other species. In my riding, the Pacific Science Enterprise Centre, on the West Vancouver waterfront, was the staging ground for Vortex, an art display by internationally renowned artist Douglas Coupland that was commissioned by the Vancouver Aquarium to draw attention to the magnitude of the ocean plastics global challenge. Coupland collected plastic waste from the shores of Haida Gwaii, which most people think of as pristine. Over the course of a few months, he assembled a display that is at the aquarium today.

The Pacific Science Enterprise Centre is partnered with the Coastal Ocean Research Institute at the aquarium, resulting in collaborative laboratory research on microplastic distribution and its effects on the marine environment. This is really important, because under the previous government, the long-term viability of this DFO lab on the West Vancouver waterfront was under severe threat. Today we are expanding science research and partnerships to address ocean health.

We know that pollution is not free. We pay for the cost of storms, floods, droughts, wildfires and extreme heat, which is why we are ensuring a price across Canada on what we do not want, which is pollution, so that we can get what we do want, which are lower emissions, cleaner air and new business opportunities.

British Columbia has been a leader in pricing pollution since 2008. We were successful in British Columbia, and we know why. That success is about to be Canada's success.

I would like to share the outcomes from a report I was involved with in 2015 about why B.C. was successful. First, we found that pricing pollution and a thriving economy can co-exist. Second is that strong political leadership is needed. Third is to keep it simple by creating broad coverage. Fourth is to start with a low price. Fifth is to commit from day one to a schedule of price increases and to stick with it. Sixth is that revenue neutrality will make pricing pollution durable. Seventh is that a price on pollution cannot be everything. It needs to be part of a suite of climate policies. Eighth is to prepare for a vocal and not fact-based opposition. Finally, expect a cleaner environment, an enhanced reputation and a thriving clean-tech sector. That is where the budget would bring this country.

We would also support the transition to a cleaner economy by providing an accelerated capital cost allowance for clean energy equipment. To increase investment in the clean-tech sector, the government proposes that specified clean energy equipment be eligible for immediate expensing. With this change, the cost of clean energy equipment would be eligible for a full tax writeoff the year it was put into use in the business. This change would encourage investment to create jobs for the middle class and would help Canada achieve its climate goals.

The fall economic statement proposed two further important changes to Canada's tax system to enhance business confidence. First, allowing businesses to immediately write off the cost of the machinery and equipment used for manufacturing and the processing of goods would fuel new investments and support the adoption of advanced technologies and processes. Second, introducing the accelerated investment incentive and accelerated capital cost allowance for businesses of all sizes across all sectors of the economy that are making capital investments would help encourage investment in Canada, providing a timely boost to investor confidence.

Coupled with these new incentives is our government's strengthening of free trade agreements, which is something I have been very honoured to be part of. Canada has a unique place in the world. It is located next to the world's largest economy to the south and has close business, economic and historic ties to Europe to the east and deep connections to the fast-growing Asia-Pacific nations to the west.

With the successful conclusion of the United States-Mexico-Canada agreement, the Canada-European Comprehensive Economic and Trade Agreement, and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, Canada is the only G7 country to have free trade agreements with all other G7 nations. These countries represent two-thirds of the world's total GDP taken together. The government's ongoing commitment to free trade with economies around the world, including those in vibrant emerging markets, will help further strengthen and grow the middle class and deliver long-term economic growth to benefit all Canadians.

Equal pay for work of equal value is smart and just. We are very proud to be moving forward with proactive pay equity legislation. It is a key way our government would deliver on its commitment to gender equality. Work is under way, and consultations on key design elements of the proactive pay equity system with stakeholders, including employers and organized labour, as well as other experts, have concluded. Our government will introduce proactive pay equity legislation for workers in federally regulated sectors in 2018.

As we work hard to protect the environment and to build a robust, resilient economy, it is important to remember the difference we have made for families at home. In the 2017-18 fiscal year, 9,650 families in my riding received the Canada child benefit; 16,060 children benefited from just over $57 million of investments through the Canada child benefit payments. Since introducing this legislation in 2016, the policy has lifted more than half a million people, including 300,000 children, out of poverty. We believe in supporting Canada's middle class, and that is why we created the Canada child benefit. This summer, we increased the CCB to keep up with the cost of living two years in advance of our initial plan so that families can keep up.

This budget would put this government on the right path. We take into account the environment and the economy. We take into account the importance of a strong middle class and we take into account what is required for the 21st century for each and every Canadian.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:35 p.m.

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, I would like to thank the member opposite, a fellow British Columbian. It is always wonderful to hear B.C. voices here in this chamber.

The member talked about the need to support the clean-tech environment. General Motors announced in many different press releases that it wants to build more high-tech autonomous cars and that these cars of the future also need to be electric, yet the Oshawa plant is not part of this. The member is part of a government that says a lot of things about innovation and investment rules, but it appears that Oshawa, and perhaps other parts of Ontario's economy, are not going to be part of that future. How does she square the two?

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:35 p.m.

Liberal

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

Mr. Speaker, I would first like to express my empathy for the employees who are facing such a devastating decision.

Ours is a government that is standing up for a 21st century economy, where the fundamentals must include putting a price on pollution. The opposition party continues to live in the past and continues to advocate for a future that is very bleak for our children and grandchildren.

I am very proud of the fact that we are focused on growing the clean-tech sector and are admitting the challenges we face so that Canadians can thrive in the future.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:35 p.m.

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, I understand that when in government, they have to make tough decisions and have to decide where technology is going and listen and whatnot. I think the government probably has the resources it needs. However, the member did not even try to address the question. She just pointed her finger at the Conservatives and said that somehow it is our fault that they are not succeeding in attracting investments in clean tech for the next generation of automobiles in places like Oshawa. Could she give some concrete examples as to why someone on the streets of Oshawa right now should believe the rhetoric of the government?

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:35 p.m.

Liberal

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

Mr. Speaker, I am choosing not to exercise selective thinking. I think we are all well aware of the GE plant that opened in Welland and created 250 jobs.

The point is what the future of Canada's economy looks like and the fundamentals of that future. I am quite surprised, because the member opposite is also from British Columbia and is well aware of the success of putting a price on pollution in British Columbia and how the economy of British Columbia has thrived, if not led the country, in the context of being properly rooted in what our future is telling us we simply must do.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:35 p.m.

Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, the member opposite was looking for an example of a targeted investment supported by the federal government that is driving new work in Oshawa related to the auto industry. Is the parliamentary secretary aware that as part of our $5.6 billion investment in the auto sector, GM selected Oshawa for the site of its new electronic vehicle research centre? Close to 1,000 engineers have been hired in southern Ontario. The member for Milton says that engineers do not matter and are not part of the ecosystem of the auto sector. She dismissed them as good jobs and as a remedy for some of the unemployment challenges in the country. Is the parliamentary secretary aware that these investments are being made in Oshawa today and set the stage for retooling the plant that was closed yesterday?

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:40 p.m.

Liberal

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

Mr. Speaker, yes, of course we are. I would like to further stress the importance of the free trade agreements we have worked so hard on in the space of three years to improve upon what went before and to finalize agreements around the world to benefit Canadian workers and their families.

Report stageBudget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 1:40 p.m.

Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, I certainly appreciate the member saying I should know British Columbia's experience with the carbon tax. Actually, I do. I was on a task force with the B.C. Chamber of Commerce to evaluate it. There are two very different sides to this. If by innovation she means the results of the carbon tax, in the last year that was referenced, 2016-17, we actually saw an increase in overall carbon emissions. We have also seen a decrease in the amount the local cement industry has in its own marketplace.

Washington State has decided not to go ahead with a carbon tax. It has actually voted it down twice. If she is saying that the only innovation to come out of that is to have higher gas prices and at the same time higher subsidies, she is kidding herself. They may say it is a price on carbon, but they are also subsidizing a number of different industries. If they look at B.C., greenhouse growers and the cement industry have seen—