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

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:30 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I suggest to the member that from virtually day one, we have seen a very ambitious government on a number of different files. We have seen substantial good changes. I remember not too long ago a constituent come to me saying that this government had done more in two years than the previous government did in 10 years. I believe that individual was talking about things in a very positive way. The results are very tangible, and I do not make any apologies for a government that wants to work hard. I look forward to 2019.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:30 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I too look forward to October 2019.

While I am glad to rise today and lend my voice and the voice of my constituents to this debate, I would be remiss if I did not also register my frustration that the majority of my colleagues in the House will not be able to give any input on this piece of legislation. The government has again moved time allocation, effectively ending debate.

Here we go again with more broken promises. Over and over during the campaign, the Liberals railed against time allocation and they railed against omnibus bills, yet all the promises they made are out the window. This is an 800-page omnibus bill. It would take Canadians more time to read this legislation than we have been given to debate it. It is outrageous and it is undemocratic, but it is made even worse because of the campaign promise of the Liberals not to use omnibus bills.

I will be focusing most of my time today on the lack of action taken by the Liberal government in order to improve Canada's competitiveness on the world stage. The imposition of a carbon tax, the spending spree and the debt spiral the government is plunging Canada into are all part of the abysmal track record of the Liberals on keeping their promises to Canadians.

Remember those promises? They were a maximum $10-billion deficit, and a balanced budget in 2019. Again, we have more broken promises.

The Business Council of Canada, which represents the largest companies operating in Canada, made the following submission to the finance committee during pre-budget consultations:

[W]e ask the government to introduce a comprehensive strategy to improve competitiveness, diversify trade and attract private sector investment. According to a recent survey of our members, only one in seven CEOs expressed confidence in the competitiveness of Canada's business climate. According to that survey, the tax and regulatory burden combined with concerns around the availability of talent were the most important factors affecting company investment plans in Canada.

Among other recommendations, we've called on the government to undertake a comprehensive review of Canada's tax system with the goal of strengthening the incentives for investment and growth. We believe the need for this review has only been intensified by the implementation of the U.S. Tax Cuts and Jobs Act.

It went on to say:

Effective January 1, 2018, the U.S. reduced its federal corporate income tax rate from 35% to 21% and allowed for full expensing of investments in machinery and equipment. This tax reform package also introduced new international tax rules. They encouraged multinationals to shift capital back into the U.S.

These changes have given the United States a significant tax advantage over many advanced economies but in particular Canada, given our very close proximity and dependence on that market. According to a...study that we commissioned by PwC Canada on the implications of U.S. reform, failing to respond to these changes threatens 635,000 jobs and $85 billion in GDP.

In their last budget and their most recent fall economic update, the Liberals have done absolutely nothing to address the concerns outlined by the Business Council of Canada on Canada's lack of competitiveness on the world stage. The Liberals are just out of touch with Canada's business community.

Our Conservative team has been on the ground from coast to coast to coast, talking with business owners, investors, and employees. Personally, I have visited Sault Ste Marie, Belleville, Guelph and all throughout the Waterloo region. I was proud to host a round table with local business several months ago, with the shadow minister for international trade, the member for Niagara West. While the round table focused on the trade negotiations between Canada and the United States and the retaliatory tariffs, we also heard how the Liberal government is not creating a healthy environment to enable small and medium-sized businesses to grow.

One business from southwestern Ontario that participated in our round table shared that in 2009, during the global economic recession, it lost 800 employees. However, because of the policies of our Conservative government at the time, it was able to recoup its loses in just eight months.

Contrast that with today. The same business is looking at job losses of over 1,000 employees as a result of slow economic growth. It is worried that the Liberal government is spending the cupboards bare, so that when a recession hits, it will not be able to recoup like it did previously.

We also heard that, just as the Business Council of Canada outlined in its submission to the finance committee, the competitive climate is causing many companies to move south of the border. Even worse, it is discouraging entrepreneurs from starting businesses here in Canada at all.

For those already in operation, any foreseeable plans to expand have been put on hold. Companies that once felt they were supported and encouraged by the policies of the federal government just do not feel that same level of support anymore. That the government is raising taxes and has no plan to balance the budget is making this climate of worry and concern much worse.

Speaking of debt, in the first three years of the current government, the Prime Minister added $60 billion to the national debt. Deficits are even higher than expected and higher than what was promised in the 2015 election campaign. The Parliamentary Budget Officer projects deficits of $22.2 billion in 2018-19 and $21.4 billion in 2019-20, which is $4 billion higher than the government showed in budget 2018.

Last year, Canada's net debt reached an all-time high of $670 billion, or $47,612 for every Canadian family. According to the finance committee, the budget will not return to balance until 2045, by then racking up an additional $450 billion of debt.

When the economy is strong and growing at 3%, a responsible government would pay down debt, so that we have more fiscal room in case of a downturn. However, we see the current government doing the exact opposite.

In 2009, the Conservative government was able to take decisive action to support the Canadian economy, yet it returned to balance and a surplus by 2015. However, with no plan or commitment to balance, the Liberals have budgeted the cupboard bare. The next time Canada is faced with a crisis, there will be nothing there.

The cost of interest alone on our debt will increase from $23.9 billion in 2017-18, almost doubling to $39 billion in 2021-2022. That is $39.1 billion, which is more than the $36.1 billion we spend on federal health care through the Canada health transfer.

Let us think of what that money could do if we were to provide our veterans with the help they desperately need. We could properly invest in mental health care throughout Canada. We could provide palliative care to every community from coast to coast. Instead, it is going toward paying for the government's out-of-control spending.

My last point is on the carbon tax. Following the Liberals' announcement of their forced carbon tax on Canadians, the president of the Cambridge Chamber of Commerce said that although he is a climate change believer, the senseless response by governments all over the world is, simply put, ridiculous. He said there should never be a cost to using less, that it makes no sense. If less use is required, he described punitive measures as the lazy man's way of reducing carbon emissions. As he said, it is completely counterproductive to take money out of circulation, hang on to it for a period of time, then give 90% of it back. That was a promise he had heard from the Prime Minister on a report by 570 News, which he felt was insulting to the intelligence of every taxpayer, like we need to be babysat.

The chamber of commerce president said he was reminded of an old saying: A tax is a fine for doing something good, and a fine is a tax for doing something wrong. He said the carbon tax is a fine everyone will have to accept, and that is just wrong. He said that today, when business is burdened in every manner by government, it's time that it be recognized by all politicians that without business there is nothing for anyone. Businesses, he said, need a path that clearly demonstrates our economy is first and foremost, so it can provide all the money government needs to save the world.

It is clear that the government is far more interested in imposing its ideology on Canadians than it is in listening to and working with Canadian business.

I am going to finish with this. According to a website that tracks the success of the Liberal government, after 1,119 days in office, the Liberals have broken or completely ignored as many promises they made in the 2015 election campaign as they have kept. That gives Canadians much reason to worry, because a government that campaigns on one thing and does exactly the opposite only increases Canadians' mistrust in our democratic institutions.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:40 p.m.

Liberal

Chris Bittle Liberal St. Catharines, ON

Madam Speaker, the hon. member was all over the place with a lot of different points. Unfortunately, I will not have time to address issues like the carbon tax supported by pinko commie Preston Manning and other Conservatives. I will not get into that. I will not get into his misleading Canadians on raising taxes. We only did that to the wealthiest one per cent. I will not address that either.

I would like to ask, though, about his love of U.S. tax changes down south and the massive deficits they have caused. While the U.S. debt-to-GDP ratio is increasing, ours is decreasing. The hon. member is in love with that deficit and the Conservative deficits run by the Harper administration. Why is he against ours?

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:45 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I know my colleague was not here in 2008, 2009 and 2010, those years when we were facing not just a Canadian downturn in the economy but a global recession. My Conservative colleagues are on the opposition side now, but when we were in government in 2008 and 2009, we had a minority government and we were suggesting stimulus funding. The Liberal Party then actually said that we were not spending enough to stimulate it. They wanted us to go deeper and deeper into deficit.

Former prime minister Harper had the wisdom to know that there was a limit to how much the government could spend and how much it could go into deficit. The Conservative government at the time also had an incredible plan to bring us back out of deficit spending within a three- to four-year period, which we accomplished.

There is a big difference between going into deficit financing to stimulate a lagging economy that is in recession and comparing that to today, when we are in an economic growth period and still spending way more than we are taking in. It is a recipe for disaster.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:45 p.m.

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, the hon. member talked a lot about balancing the budget. I am just wondering if he would comment on how much easier it would be to balance the budget if the government did not forgo $10 billion or more per year in taxes by not closing down overseas tax havens. I have often stood in this place and brought up an example of one Canadian company that, for the price of a post office box in Luxembourg I think it was, has evaded $690 million in taxes. That is one company alone. It does not have any employees in Luxembourg. It just made the big investment of getting a post office box.

I am just wondering if he would like to comment on why the government, in this budget or any other budget it has put forward, has not brought forward measures to close those tax havens instead of opening new ones.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:45 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, it is just a clear indication of the misplaced priorities of the government. We saw the same thing a year and a half ago when the government started attacking our farmers and our small businesses, trying to go after them and calling them tax cheats, yet at the same time ignoring their multi-billion dollar corporations. This is just another example of that.

I agree with my colleague. We should be going after those who are cheating our tax system and evading taxes. It is a clear indication that those are areas we need to shore up. However, the Liberals are going after small-business people, who are the backbone of our economy and provide thousands of jobs for Canadians. Not only do we need to leave those people alone, but we need to have policies in place that encourage them to maintain those businesses and expand them as they are able.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:45 p.m.

Liberal

Ali Ehsassi Liberal Willowdale, ON

Madam Speaker, I am honoured to rise in the House today to discuss Bill C-86, a second act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures.

Bill C-86 represents our government's commitment to do more for Canadians. The bill acts as a framework to implement key measures proposed in budget 2018 that will ensure Canadian businesses remain competitive and successful, globally as well as domestically.

In 2018, our government is placing people first, by creating a competitive, sustainable and fair Canada. Throughout my speech, I will provide several examples as to how Bill C-86 would accomplish such objectives.

Last week, on November 21, the Minister of Finance addressed members of the House to unveil the 2018 fall economic statement. His statement reiterated the commitment of our government to continue investing in the middle class to ensure that our economy would remain robust and would continue to flourish for years to come. We are experiencing a strong and growing economy from coast to coast to coast.

We, on this side of the House, have always believed that investment leads to growth and growth leads to more jobs. That is why we can all be proud as we witness new jobs being created, which in turn provide new opportunities for many Canadians to succeed.

In 2017, Canada experienced the strongest economic growth among all G7 countries, accumulating 3% GDP growth. Due to the hard work of Canadians, the results continue to speak for themselves.

We are also experiencing a healthy wage growth. In fact, we are now experiencing the fastest rate of wage growth in the last eight years. With more jobs and the lowest unemployment rates reported in 40 years, consumer confidence remains strong. Our plan is to put more money in the pockets of Canadian families next year, whereby a typical Canadian family of four will be $2,000 better off.

Allow me start off with examples by citing the significance of Bill C-86 to legislating gender budgeting.

We have placed gender equity at the forefront of decision-making by introducing gender budgeting legislation. The future of Canada's economic and social prosperity depends on supporting women of all ages, reducing the gender wage gap and increasing the participation of women in the workforce.

This comes after the failure of the Harper government to recognize women as a driving force in the economy. We, on the other hand, are ensuring every Canadian has an equal and fair chance to succeed. This is not just the right thing to do, it is the smart thing to do. In fact, there are now more women employed than ever before in our long history.

Another example is the significance of Bill C-86 to the issue of pay equity. To further complement legislating GBA+ budgeting, our government aims to provide pay equity to all Canadians by implementing measures to create a more inclusive work environment. For this reason, work has already begun with key stakeholders to introduce proactive pay equity legislation.

To deliver on our commitment to gender equality, we are proud to offer equal pay for equal value of work. This has been long overdue, and we hope to set a precedent for the global community as leaders and champions of equality.

The next thing I would like to cite is the significance of Bill C-86 insofar as the new employment insurance benefits for second parents. As I have already touched on the significance of gender equality in the workplace, allow me to now emphasize our government's interest in introducing legislation to ensure that there is similarly gender equality at home. The new parental sharing benefits will provide all parents, including adoptive and same-sex parents, an opportunity to focus on sharing the responsibilities of raising their children as they see fit.

The new employment insurance benefit for second parents provides more flexibility for parents to set aside time and ensure greater success at shared parenting. Encouraging equality is the right thing to do for all Canadians.

Finally, allow me to talk about how crucial Bill C-86 is to the establishment of the department of the status of women.

Unlike the previous Conservative government, this government keenly understands that gender equality is a key factor in stimulating economic growth. Bill C-86 proposes to create the department of women and gender equality. This new department will solely focus on the status of women in Canada and strengthen our capacity to advance gender equality and stimulate the middle class through innovative policies and programs.

By preserving the department's place as a centre of gender expertise, we hope to prevent gender-based violence as well as expand the mandate for gender equality. This is inclusive of sexual orientation, gender identity and expression by promoting greater understanding.

We have come a long way by appointing the first gender-balanced federal cabinet and the first federal minister fully devoted to gender issues. We hope, and I think it would be fair to say, that we have seen that Canada is serving as an example on the world stage.

Bill C-86 signifies our government's commitment to next steps in advancing our economy by focusing on the growth of the middle class and those who are working hard to join it.

Through Bill C-86, we are taking significant action to invest in this plan. Canada's future prosperity depends on offering equal and fair chances at success.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:55 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I enjoy working with my colleague on the scrutiny of regulations committee. I find him to be a very collegial colleague.

He commented frequently in his remarks about supporting families and children, with which we certainly agree. If that is true, why then did his colleagues oppose Motion No. 110 the other day, which sought to give additional support to families after they had the unfortunate situation of losing a child. It seems to me that this is a common sense motion and the House should get behind it. However, when it went to committee, the Liberal members on that committee put roadblocks in the way and would not allow the amendment to go through.

Could my colleague comment on how he squares the circle of support for families with children, but for those who have actually experienced the loss of a child, which is one of the most devastating experiences a family can endure, his government seemed rather uncaring in that situation?

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:55 p.m.

Liberal

Ali Ehsassi Liberal Willowdale, ON

Madam Speaker, it is a great honour to serve on the scrutiny of regulations committee with my colleague. I might as well add that he does an admirable job of chairing that committee.

As he rightly pointed out, we are into common sense economics. I do not think for a second that any Canadian would doubt our commitment to Canadian families and to Canadian children. For the past three years, every decision we have made has been to put families and children at the centre of economic planning, and the results speak for themselves.

If we look at GDP growth, if we look at the rate at which Canadians are experiencing wage growth, we can all be very proud that Canadian families are doing admirably and we are all seeing the positive results of focusing on families.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 3:55 p.m.

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, there are so many questions I could ask for my colleague across the way. I could ask about why we are getting these huge budget implementation bills of 850-something pages with only a couple of days to assess it before we begin debate and then only a few hours of debate in the House and a few hours in committee.

I want to go back to the big picture. One of the things we really should be concentrating on in Parliament is to reduce the gap between the wealthiest of Canadians and the rest of us, the 1% and the 99%. That gap has been growing since the 1980s and 1990s. One way to do it is to ensure everybody pays his or her fair share in taxes.

The Liberals had an opportunity to close tax loopholes for CEOs and to close offshore tax havens where the wealthy hide their money. Instead they go after the little fish and it is very little return for a lot of work. Why are the Liberals just missing the boat on fixing this problem that will help us get back to a fair society in Canada?

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 4 p.m.

Liberal

Ali Ehsassi Liberal Willowdale, ON

Madam Speaker, my hon. friend has alluded to the fact that the budget bill is a lengthy one, and I could not agree with him more, the reason being that we are doing quite well and we are leading the G7 in terms of economic growth, but our work is not done. It is absolutely imperative that we continue to tackle various issues.

This budget, as the member is fully aware, is all about ensuring that we have a competitive, sustainable and fair system. Therefore, every single one of the various issues that are addressed in this budget focus on addressing the issue of ensuring that we have more inclusive economic growth and that all Canadians can share in the new prosperity.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 4 p.m.

Liberal

Angelo Iacono Liberal Alfred-Pellan, QC

Madam Speaker, I am pleased to have the opportunity to rise in the House to speak to Bill C-86, budget implementation act, 2018, no. 2, more specifically to modernizing federal labour standards as well as the wage earner protection program.

The Government of Canada has a mandate to modernize labour standards and adapt them to today's reality. Bill C-86 is the first step in making this modernization a reality.

I want to begin by providing a bit of context. Part III of the Canada Labour Code establishes basic working conditions in the federally-regulated private sector, such as working hours, minimum wage, statutory leave, annual leave, and various other types of leave.

They would also create a level playing field for employers by requiring all of them to meet these minimum entitlements. Many employers already go above and beyond what is in the code, but for some workers, these standards are the only protections they have.

Unfortunately, these things have remained largely unchanged since the 1960s when most Canadians had steady jobs with regular nine to five hours.

Today, many Canadians are struggling to support their families in part-time, temporary and low-wage jobs. They may work several jobs to make ends meet, face unpredictable hours and lack benefits and access to certain entitlements.

The government understands that the nature of work is changing. That is why we held extensive consultations that highlighted the need for updated federal labour standards. That is what we are doing with budget implementation act no. 2.

Our consultations made it clear that there were a number of complex issues related to federal labour standards and the changing nature of work that required more in-depth review and discussions. A modern set of federal labour standards would better protect our workers and help set the stage for good-quality jobs.

A group of experts, soon to be announced, will be looking at these issues.

Let us talk about some of the changes being introduced through Bill C-86:

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;

Many Canadians are victims of domestic violence. It takes so much courage and determination to make that decision to leave a violent situation. These individuals experience extreme stress and vulnerability. Sometimes, they just cannot go to work for a number of days, and the trouble is, they do not know what type of leave they can use to justify their absence.

This five-day period of leave will help more Canadians get out of violent situations without the risk of losing their job.

By introducing equal treatment protections, these amendments would also ensure that employees in precarious work are paid and treated fairly, and have access to the same entitlements as their full-time counterparts. As well, they would ensure that employees receive sufficient notice and compensation when their jobs are terminated, to help protect their financial security. However, change of this magnitude does not happen overnight.

That is why up to approximately $51 million over five years starting in 2019-20, and up to about $12 million ongoing will be allocated to support the implementation and enforcement of the labour standards amendments, including education and awareness, training and increased resources for proactive enforcement and timely resolution of complaints.

In addition to these changes to the code, we are also enhancing the wage earner protection program to provide more support for Canadians during difficult times when their employer is insolvent and they are owed wages. The wage earner protection program is a Government of Canada program that provides financial support for workers who are owed eligible wages when their employer files for bankruptcy or becomes subject to receivership. In short, the WEPP is there to help workers when they need it the most.

Budget 2018 announced that the government would propose legislative amendments to increase the maximum payments under the WEPP and make eligibility more equitable. As such, our government is proposing to increase the maximum payment under the WEPP from an amount equal to four weeks of maximum insurable employment insurance earnings to an amount equal to seven weeks. For 2018, this would amount to an increase of up to $3,000.

I think the members of the House would agree that this increased support is a welcome change for Canadian workers, and I am glad to say that the increase in the maximum payment would come into force on royal assent and would apply in respect of bankruptcies or receiverships that occurred on or after February 27, 2018.

Changes would also be made to program eligibility more equitable so that workers who are owed wages, vacation, severance, or termination pay when their employer files for bankruptcy or enters receivership are better supported during a difficult time.

The changes proposed today are part of our plan to modernize federal labour standards as part of Bill C-86. We are also introducing historic proactive pay equity legislation. This legislation would ensure that women and men in federally regulated industries receive equal pay for work of equal value.

We have already introduced in the Canada Labour Code the right to request flexible work arrangements, new leaves and new protections for unpaid interns. More recently, we passed Bill C-65, which addresses workplace harassment and violence. We are bringing in change that Canadians have been asking for.

We spent nearly a year consulting with Canadians, stakeholders and experts to get their perspectives on what a robust and modern set of federal leader standards should look now. Now we are taking action. We are ushering in modern and robust standards that will benefit both workers and employers.

With modern labour standards that support good-quality jobs, employees can thrive and achieve a better balance between the demands of their personal lives and the operational requirements of their jobs, which can lead to a greater sense of well-being. By the same token, they can help employers recruit and retain employees, which can lead to an increase in productivity. Employees who come to work feeling supported by their employers are able to do their best work and to innovate, which can create a better working environment and lead to long-term gains for employers.

It is a win-win for everyone.

I request the support of the House to get rid of these 1960s-era provisions that are well past their best before date. We must update our labour standards to reflect the equality and quality of Canadian jobs across the country.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 4:10 p.m.

NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Madam Speaker, I thank my colleague for his speech.

Many people in Canada who are aware of problems in the cultural sector and the media might be asking themselves this question. As my colleague said, our economic performance was among the best in the G7. However, yesterday in committee, Facebook representatives told us they had decided to set up their sales offices in Canada and would begin collecting GST on their ads sometime in mid-2019. How can that be?

How can it be that our government does not have the backbone to tell companies that sell ad services to Canadians to collect GST? That failure to act is inexplicable and has probably cost us billions in uncollected revenue at a time when we really need it.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 4:10 p.m.

Liberal

Angelo Iacono Liberal Alfred-Pellan, QC

Madam Speaker, I thank my colleague for his question. In 2015, Canadians spoke out loud and clear, choosing our government's plan to invest in Canadians and create good jobs, valuable opportunities and positive growth for everyone.

We are serving Canadians and meeting their needs along the way.

Budget Implementation Act, 2018, No. 2Government Orders

November 27th, 2018 / 4:10 p.m.

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, in 2015 Canadians had their voices heard, but in 2015 Canadians also heard significant promises by the current government that the deficit would be $10 billion maximum and that there would be a balanced budget by 2019. Now the Liberals go on and say they are just investing in the economy and that it is making our economy stronger, but the record is clear.

Budget 2016 promised that spending would raise the GDP by 0.5% in 2016 and by 1% in 2017 and 2018. However, the Parliamentary Budget Officer has estimated the infrastructure spending only contributed a tiny 0.1% to the GDP growth in both years, or not even 10% of what was promised. How can the Liberals continue to go down this path of spending more money, increasing our deficits and increasing our debt payments $15 billion more over a four-year period? That is $15 billion more in payments just for interest.

How can the government continue to support investments like that, requiring more interest payments by this generation and, more importantly, downloading them onto our children and grandchildren?