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 was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Bill Morneau  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 implements certain income tax 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 the Library of 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

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1 p.m.
See context

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, the history of politics and the change of governments has been one of Liberals creating a financial mess that a Conservative government has had to come in and clean up. We will be there for Canadians in 2019.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1 p.m.
See context

Conservative

Ted Falk Conservative Provencher, MB

Mr. Speaker, my colleague from Calgary Rocky Ridge talked a lot about the accumulating debt and how there is no plan to even return to a balanced budget for the foreseeable future. I am wondering if the member could tell us what impact that is going to have on our children and grandchildren in years to come.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1 p.m.
See context

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, the impact will potentially be severe if we cannot get past this and reverse the track the current government is on. I want to add that every provincial and territorial finance minister in Canada has at least some kind of documented plan to return to a balanced budget. The only finance minister in Canada who simply buries his head in the sand and refuses to answer questions at committee and in this place as to when he will balance the budget is this finance minister. He is the only one in Canada who cannot even say the words.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1 p.m.
See context

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, while we are on the topic of getting advice from Stephen Harper, we might want to consider taking the advice of his former director of policy, who is currently out there defending a price on pollution. I would argue that yes, there are some folks from that previous government who have at least wised up when it comes to certain issues.

I welcome the opportunity to speak to this very important piece of legislation. I will be focusing my remarks today on part 1 of the second budget implementation act that is before us today, but before I do that, I would like to read out a few jurisdictions: Alberta, Argentina, Australia, British Columbia, Beijing, California, Chile, Denmark, the European Union, Estonia, Finland, France, Iceland, Ireland, Japan, Kazakhstan, Korea, Latvia, Massachusetts, Mexico, New Zealand, Norway, Poland, Portugal, Quebec, Rio de Janeiro, Shanghai, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, Tokyo, Turkey, the United Kingdom, Ukraine and Washington state.

What do those jurisdictions have in common? I will tell everyone what they have in common. They currently have, or will have in the very near future, a price on pollution.

That is one of the things I am so incredibly proud of when it comes to this particular bill. We are taking the matter of our changing climate and how the world is going to respond to it seriously. The next time a Conservative member asks what Canada can do or what Canada's contribution to this is because we are responsible for so little in terms of pollution in the world, I will refer that member to the work Kazakhstan is currently doing. I can only imagine what its impact is, yet it still sees this as a very important matter to pursue.

We talk about why this legislation is important. Let me start with some of the impacts as they relate to health and how people in the world will be affected. These statistics are according to the World Health Organization. It has estimated that almost 12% of global deaths in 2012 came as a result of air pollution. The WHO also estimates that seven million people die every year from exposure to fine particles in polluted air, 4.2 million deaths as a result of exposure to outdoor air pollution and 3.8 million deaths as a result of exposure to various household pollutants. Ninety-one per cent of the world's population lives in places where poor air quality exceeds the WHO guideline limits. These are just the health reasons why this piece of legislation and doing something about pollution is so important.

Let us put that aside for a second and talk about the recent study the United Nations put out on climate change and what it means to the world. It means that in a very short time, we are talking about decades, we will change our environment throughout the world in a way that will significantly impact people. We might think, as Canadians, as I have said before in the House, that we live in a relatively safe climate and environment and ask what a difference of 1°C or 2°C will really make to us. That is fair enough, if we buy into that.

Perhaps we should consider for a second the migration impacts from climate change. When the world starts to make decisions, and people start to move around the world, those migration patterns will cause world disorder and lead to an environment that makes it a lot riskier for Canada to continue to participate on the world stage, as it relates to our economy and social issues, in the way we have come to know Canada can be great.

The way the budget implementation act proposes to deal with the price on pollution for those provinces and territories that have chosen not to participate, that have decided that they want to hold out, despite the huge list of jurisdictions I have listed that are participating, is by instituting a price on pollution. This would be a federal price on pollution that we would be collecting and immediately rebating back, sometimes in advance of collecting it, to individuals and households throughout the province in which it was collected. For example, in my home province of Ontario, 90% of the funds that would be collected through the price on pollution would be delivered right back to those households. The remaining 10% would be used to help schools, hospitals, indigenous peoples, universities, colleges, and small and medium-sized businesses deal with matters that pertain to becoming more efficient in terms of the impacts they are having on our climate.

We have had a lot of debate in this House about why a price on pollution is good and why some might think it would be bad. I stand by the well-documented economic theory that when we put certain prices on different mechanisms in the economy and the marketplace, we see the players in those marketplaces reacting differently. Therefore, when we put a price on pollution, those who are polluting will start to find ways to become more efficient. They will invest, they will create, and they will discover new ways of doing things that do not pollute as much so that they can increase their bottom lines. It is a basic economic principle. The fact that the Conservatives do not buy into this is astounding to me, quite honestly, speaking of which, I think it is an appropriate time to mention some of those who do support a price on pollution.

Let us talk about Doug Ford, the new Premier of Ontario, who our leader of the opposition is spending a lot of time with and becoming very close with. His chief budget adviser was quoted in an article, which reads:

Ontario's anti-carbon tax premier once told Canadian senators that putting a price on greenhouse gas emissions is “the single most important thing that any government can do to transition to a low-carbon economy.”

That was from the chief budget adviser for Doug Ford. I have already mentioned Stephen Harper's former director of policy, who is defending a price on pollution.

Let us get out of partisan politics and talk about the Nobel Prize-winning economist Paul Romer, who said that a carbon tax is the only way to genuinely and effectively solve climate change, which is exactly what we have been talking about. As reported by CBC,

Americans William Nordhaus and Paul Romer won this year's Nobel Memorial Prize in economic sciences for their work in adapting economic theory to take better account of environmental issues and technological progress.

According to the World Bank, international carbon pricing took off with the introduction of the flexibility mechanisms under the Kyoto protocol of 1997. I bring that up, because I think it is extremely relevant. It was a Liberal government at the time that signed onto Kyoto. However, shortly after, the Conservatives pulled out of it, despite the fact that we were on our way. We heard a little earlier about how the Conservatives fix the mistakes of the Liberals, but I think the exact opposite is happening right now.

In conclusion, I am extremely proud of this proposed legislation. I am extremely proud to see our government moving forward on this.

I started off by listing a number of jurisdictions and what they have done in their attempts to put a price on pollution. What I can also say is that a lot of those jurisdictions are reporting huge successes. For example, Sweden enacted its price on pollution in 1991. It was one of the first governments to do so. Sweden currently has GDP growth that is 60% higher than what it was in 1990 and at the same time has reduced its emissions by 25%. It grew its economy by 58%, which shows that growing the economy and decreasing emissions is possible.

As members can hear, my passion lies with the price on pollution. I am very proud to be part of a government that is bringing it forward.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:10 p.m.
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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I appreciate my colleague's thoughts on one area of the bill, a bill that is 850-plus pages. When parliamentarians stand to vote on the legislation, with the very minimal debate time we have had, people will be very unfamiliar with many parts of the bill because they have not been given proper scrutiny.

I asked one of the member's colleagues about division 19 of part 4 on additions to reserves. I would like to ask the member about divisions 11 and 12 of part 4 on the changes to both the First Nations Land Management Act and First Nations Fiscal Management Act. Could the member describe what those changes are and why they have been put in place?

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:10 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, the member started off by talking about how large the bill was. That has been mentioned a number of times by the other side of the House. I do not disagree with that. When we have a budget bill, it will be a comprehensive bill that includes a number of different parts, including the parts she mentioned.

Let us talk about some of the other parts in the bill, such as pay equity, improving access to Canada workers benefit and modernizing the federal labour standards. If the the Conservatives are against any of those, rather than just complain about this being a large bill, why do they not talk about what they are against? Are they against pay equity? If they are, they should just stand and say it.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:10 p.m.
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NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, in this very limited debate, the government has invoked closure yet again on a vital bill of 800 pages. We are all still digging into the details of it.

I heard and appreciated my Liberal colleague's comments about the polluter-pay principle. I note one of the pieces that is amended in this 800-page budget implementation bill is the ship-source oil pollution fund. There are a number of measures. This is meant to be an industry-funded provision in the event of pollution in marine waters. My colleague across the way represents a maritime-reliant riding, as I do. Its jobs and the environment are dependent on a clean environment.

I am concerned that one of the measures proposed in the bill to amend the ship-source oil pollution fund allows the government to top up the fund in the event that it becomes depleted. My information is that industry has not contributed to this fund since 1976. If the member is so committed to the polluter-pay principle, why did his government not make that amendment to the bill?

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:15 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, we are on the right path. The only thing the Conservative and the NDP members can really do is criticize the fact that they do not have enough time to debate the bill.

However, the reality of the situation is that the budget implementation bills are implementing measures that were already released in the budget. Therefore, members would have known about a lot of this before. Not only that, even with respect to this bill specifically, it is only at second reading. It still has to go to committee. Then it comes back to the House again for debate. It then goes to the Senate and goes through the same process at the Senate. There is a lot of time to be discussing this.

I look forward to seeing the member at the finance committee so she can be part of the debate on this.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:15 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I would just like to come back to an earlier question by my colleague, the member for Kamloops—Thompson—Cariboo, about the impacts this legislation would have on first nations.

It talks about the changes to the financial management system. Section 50 says, “On the request of any of the following entities, the Board may review the entity’s financial management system”, be that a band, a tribal council, an aboriginal group or a not-for-profit organization.

One of the things I have heard from people in my riding is that there has been some concern about the way the finances have been handled on reserve. Individuals have wanted to look at some of these things. There has not been any way for the federal government to allow individuals to have a look at some of these things. I would like to note that at the indigenous and northern affairs committee, our being allowed to tackle this was voted down by the Liberals.

Would the member not consider the fact that we would need a little more time just to study this and to get stakeholder feedback from our first nations communities as to whether this is legitimate legislation?

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:15 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, absolutely, we need to do that work. However, we cannot bring members of the public before the House. We do it in committee. What happens when we pass this at this stage? It goes to committee and then at committee the various different stakeholders can come forward.

One of the committees that studies legislation in the greatest detail is the finance committee. When the bill comes before the finance committee, which is where it will go when we vote on it, the member will have the opportunity, and I am sure he will be there with the member from the NDP, to ensure these concerns are raised on behalf of the constituents.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:15 p.m.
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Gary Anandasangaree Parliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism (Multiculturalism), Lib.

Mr. Speaker, I am pleased to rise to speak in support of Bill C-86, the second act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures.

Let me start by acknowledging that I am speaking on the traditional land of the Algonquin peoples.

On this very auspicious day, I would like to wish all those who are celebrating Diwali a very happy Diwali. I hope all my constituents and all those in Canada who celebrate this very special occasion are able to see the light and overcome darkness.

Speaking of the light, the last three years the Liberal government has shone quite a bit of light on our country. A number of remarkable achievements are worthy of note, in particular on trade. We have set Canada on a course that will enable Canada to be one of the freest and most open trade markets anywhere in the world. These trade agreements include: the Comprehensive and Economic Trade Agreement between Canada and the EU, also known as CETA; the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada and countries in Pacific Asia; and of course most recently, the United States-Mexico-Canada agreement with our North American allies. This means millions of new markets, billions of new dollars in trade and countless opportunities for Canadians today and for the future.

This unprecedented access to new and emerging markets will create unimaginable global opportunities for all of us. I know my constituents were quite worried earlier in the year about getting a good deal under the USMCA. They were worried about Canada giving in too much or Canada being shut out altogether. That is no longer the case. For close to 18 months, our negotiators have worked day and night to get not any deal, but a good deal for Canada. I want to thank and acknowledge our Minister of Foreign Affairs and her entire team for their tireless work. She has indeed made us all very proud.

There is more good news. Every time I meet employers, one of the issues they bring to my attention is the difficulty finding the people to fill good jobs in Canada. They complain that they are unable to hire people and retain them, regardless of the money they pay, and oftentimes these are high-paying jobs.

Right now, we have historically low rates of unemployment. In fact, it is the lowest it has been for the last 40 years. Our government has helped propel our economy forward, making it the fastest growing economy among G7 countries and one of the fastest in the world. This has led to the creation of over a half a million jobs since we were elected in 2015. Of course there is more good news for small business, as our tax rate will go from 11% to 9% as of this January.

There are many important initiatives in the budget, and I could talk about all of them. In particular, the establishment of the status of women as a full ministry, the implementation of pay equity legislation, along with legislating gender budgeting, are critical parts of our government's agenda. I know many of my colleagues have spoken about it extensively.

Today, I want to highlight two very important things and focus on them. First is the issue of poverty reduction. The second is the price on pollution.

Let me start with poverty reduction. Poverty is linked to a number of different socio-economic outcomes in our society. Whether the longevity of our life, or success in education or success in the workplace, poverty is one of the central determinants of success or limitations in our society. Our government believes that everyone deserves a real and fair chance of success. That is what drives us to grow the middle class and support people who are working hard to join it.

Canada's first-ever national poverty reduction strategy sets new poverty reduction targets and establishes the federal government as a full partner in the fight against poverty. It also builds on the progress we have made together so far. These include the introduction of the Canada child benefit in 2015 and, most recently, the indexing of the CCB. This has lifted over 300,000 children out of poverty. My riding of Scarborough—Rouge Park alone has been given $76 million in just the last year.

The second is the reversion of the previous government's changes to the guaranteed income supplement and old age security, which basically restores the age of retirement from 67 to 65 years old and makes benefits for seniors more generous, lifting 100,000 seniors out of poverty each year.

The launch of Canada's first-ever national housing strategy last year will not only create 100,000 new housing units and renew and renovate more than 300,000 existing units, it will also remove more than half a million Canadians from critical housing need.

Since 2015, our government has been working hard to lift Canadians out of poverty with the help of programs like the CCB, the top up to the GIS and the Canada workers benefit. By 2019, the government's investments are expected to help lift over 650,000 Canadians out of poverty. The poverty reduction strategy, called “Opportunity for All: Canada's First Poverty Reduction Strategy”, is a bold vision that will build a Canada where every Canadian has a realistic chance to succeed.

“Opportunity for All” is a long-term strategy that builds up significant investments that the government has made since 2015 to reduce poverty altogether. There are three pillars to this strategy: first, dignity, lifting Canadians out of poverty by ensuring everyone's basic needs are met; second, opportunity and inclusion, helping Canadians join the middle class by promoting equality of opportunity and full participation in every aspect of our society; and third, resilience and security, supporting the middle class by protecting Canadians from falling into poverty by supporting income security and resilience.

I want to note one aspect of our government's agenda is the anti-black racism aspect, and I would be remiss if I did not address it. It is part of the work I do as the Parliamentary Secretary to the Minister of Canadian Heritage.

Our government understands that any plan for reducing poverty must also address systemic barriers, such as racism and discrimination, that hold some Canadians back. By removing barriers and levelling the playing field, all Canadians will be able to reach their full potential. To help address systemic barriers of racism, our government is launching, and is currently in the process, consultations across the country, which will establish a national framework for anti-racism. We will bring together experts, community organizations, citizens, interfaith leaders and others to work out a national strategy. A first step toward this is the recognition that anti-black racism is at the core of the discussions among other forms of racism and discrimination.

The second aspect I want to highlight is the price on pollution. There is no question that we have a problem with our environment. The disasters we have seen for the last number of decades seem to be getting worse every year. Whether it is the floods in Toronto or the wildfires out west, we see the challenges of climate change first hand.

Last year for Canada's 150th birthday, I had the opportunity to visit St. Anthony, Newfoundland, a beautiful part of our country where icebergs are prevalent. One thing the local folks told me was that the number of icebergs really spoke to the reality of climate change. We know the temperature is rising and it is hurting the environment and limiting our way of life, particularly for indigenous people. That is why it is important that this government address the issue of climate change by pricing pollution and ensuring that those who pollute pay a fair share to ensure pollution no longer is free. This is not a free commodity that Canadians or industry can take for granted. If people pollute, they must pay. That is the principle behind our pollution pricing plan.

With that, I would like to once again reiterate my support for Bill C-86.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:25 p.m.
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Conservative

Alex Nuttall Conservative Barrie—Springwater—Oro-Medonte, ON

Mr. Speaker, further to the member's speech, specifically regarding poverty and some of the barriers that exist, I think it is important to remember that poverty knows no skin colour. It reaches into all aspects of our society and is something that we all probably face in every single one of our ridings across the country.

Having said that, some demographics are more stricken by poverty than others. When we are talking about poverty, we are also talking about the cost of living. We are talking about which costs are increasing for those who have the least in society and how that affects them the most. In his speech, the member pushed for a carbon tax, which has also been called a price on carbon or a mechanism, or any of seven different terms, while at the same time speaking about poverty.

This tax is having the greatest effect on those with the least means to be able to live, so my question for the member is this. How can the government be proposing this tax at the same time it is trying to defeat poverty? This tax is going to further increase poverty in this country.

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November 6th, 2018 / 1:30 p.m.
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Parliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism (Multiculturalism), Lib.

Gary Anandasangaree

Mr. Speaker, poverty is absolutely an important issue. My friend opposite is correct that it affects all of us in all of our ridings. Particular communities are affected much more deeply than others, such as those in northern and rural areas across the country. That is an important issue we need to address.

I know that in the past decades, we have failed to address the root causes of poverty. That is what we are really getting into here, particularly the shortage of housing, the lack of investments in public infrastructure and in transportation. It is those very important investments that are critical to uplifting people out of poverty.

At the same time, we cannot ignore the environment. It is critical and the way that our pricing on pollution has been undertaken, 90% of the money will go back to those families in communities who need it the most. That is our fundamental—

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:30 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Questions and comments, the hon. member for Peace River—Westlock.

Second ReadingBudget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 1:30 p.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, the member used to sit with me at the northern and aboriginal affairs committee, and I know he was passionate about his work there. One thing we did was to try to pass a motion calling on the indigenous and northern affairs committee to study divisions 11, 12 and 19 of this BIA bill.

Seeing that the Liberal members voted that down at committee, could this member just elaborate on what the thinking was behind putting these particular divisions into this bill and how they are going to impact first nations communities?