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

Budget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 3:45 p.m.
See context

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, I would love to be able to answer that question. I am so proud of the work my colleague, the member of Parliament for Abitibi—Baie-James—Nunavik—Eeyou, did to bring the United Nations Declaration on the Rights of Indigenous People into legislation and have it bind future governments. Honestly, I have not even looked at that section. I have not been home since this omnibus bill was tabled. I have not heard from the Snuneymuxw, Stz'uminus, and Snaw-naw-as councils in my region.

Again, the current government is one that says that the nation-to-nation relationship is the most important. We have the ability to lock this into law. If there are good provisions, I would love to be able to support them. However, this is such a rush.

Budget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 3:45 p.m.
See context

NDP

Scott Duvall NDP Hamilton Mountain, ON

Mr. Speaker, in my colleague's speech, she mentioned the bankruptcy laws, which in its budget, the government had promised it was going to have consultations on. It even campaigned that it was going to use every tool in the tool box. My colleague mentioned that the government is using this now to open up the bankruptcy laws for companies, but not for the workers' pensions. Can she tell us what her constituents told us at the town hall meeting where they expressed this concern?

Budget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 3:45 p.m.
See context

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, when I co-hosted a town hall in Ladysmith with my colleague, the member for Hamilton Mountain, we had a lot of people come out. There were former Sears employees, who really liked the mechanism that had been proposed by my colleague to put workers first in the queue in the event of bankruptcies. They recognized that these are earned pensions that they have paid into all their lives. I am sure they will be dismayed to learn that the government chose to open up the Bankruptcy and Insolvency Act, but not to protect workers' pensions.

Budget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 3:45 p.m.
See context

Peterborough—Kawartha Ontario

Liberal

Maryam Monsef LiberalMinister of Status of Women

Mr. Speaker, before I begin, I would like to acknowledge our presence on the traditional territory of the Algonquin peoples, who have taken care of this place for generations upon generations.

I am standing in the House to speak to, and urge my colleagues to support, Bill C-86, the budget implementation act, part 2, more affectionately known in this House as BIA 2, and to speak to the measures that help grow Canada's middle class and support those working hard to join it. I firmly believe that, when passed, these measures will help support Canadians across the country and help to grow our economy.

I also need to acknowledge the work of the feminists who have come before us, those who have worked so hard, those effective trailblazers and courageous silence-breakers who have brought us to this moment in time when we recognize that equality is a driver of economic growth. In fact, this past October, we launched Women's History Month, with the first online gallery that captures the stories of Canada's women of impact. This particular website tells the stories of women like Elsie Knott, the first woman to be chief of a first nation in Canada; Louise Fish; and young women like Faith Dickinson, along with the more well-known trailblazers, like the Right Hon. Kim Campbell. I encourage my colleagues and Canadians to google "Canada's women of impact" and read their stories. There is a teacher's guide so that we may share those stories in an effective way. Of course, Canadians are welcome to provide their nominations for other women whose stories ought to be on that website.

I mention those women, because our government is committed to continuing their legacies. Advancing gender equality is the right thing to do, and it is indeed the smart thing to do. We would benefit to the tune of $150 billion in Canada's economy over the next decade if Canada's women participated equally in our economy. We would increase our GDP by 4%, we would fill critical labour shortages, and would ensure that Canada's middle class grows, and that we stay competitive.

There are several measures in Bill C-86 to close the gender wage gap and to build on our government's existing efforts. I would like to speak broadly to five of those.

The first is the introduction of an act that would ensure there is a new and full department with a broader mandate to help Status of Women Canada evolve. It would evolve into the department for women and gender equality, WAGE in short. There is proactive pay equity legislation. We are legislating the application of a gender and diversity lens to all federal budgets moving forward. There are provisions for shared parental leave, and there is also a new benefit of five days of paid leave for survivors of family violence.

I would like to speak to the enabling legislation that would ensure that the department for women and gender equality would be able to build on the good work of the small but mighty agency that is Status of Women Canada. I will take this opportunity to thank my predecessors, as well as the team at Status of Women, who, regardless of the whims and values of the sitting governments of the day, kept the work of gender equality alive, kept tools like GBA+ sharp and applicable in Canadian contexts, and worked tirelessly, with limited resources, to help transform an agency into a full department and help meet the additional demands on their expertise with a feminist government.

The department, to be called WAGE, the department for women and gender equality, will have a wide mandate for the advancement of equality, including social, economic, and political equality with respect to sex, gender expression, gender identity, sexual orientation, rurality, indigeneity, immigration and immigrant status, as well as to ensure that we take into account the wide range of varieties that Canadians find themselves in.

The proactive pay equity legislation included in this bill, Bill C-86, is historic. It is a historic step that will ensure that women in federally regulated industries, whether in the public service or others, are paid equally for work of equal value.

In doing so, we consulted with employees and employers and advocacy organizations and worked to strike a balance between the recommendations that came from the Bilson report, as well as the hard work and the report presented to the House from the committee that worked on pay equity. Proactive pay equity legislation is part of our government's efforts to get our house in order, and to continue to lead by example, hopefully compelling other employers to do the same.

The third item I would like to speak to is gender budgeting. BIA2 includes legislation that enshrines gender budgeting in law. This will ensure that future governments apply a gender and diversity lens to their budgetary decisions. This is an important example of how our government is working to ensure that an intersectional gendered lens is applied to our decision-making, including the federal budget.

The fourth item I would like to speak to is a new benefit to advance gender equality. Our government's five-week EI “use it or lose it” parental sharing benefit which is available to two-parent families, including adoptive and same sex couples, proposes to provide greater flexibility, particularly for mothers to return to work sooner, if they so choose. It encourages the second parent to take part in the work that is caring for a newborn.

We know that it will help shape and change some of the gender norms around who provides the care. We also know that for mothers who experience postpartum depression, having that additional support in those early days will provide some relief.

The fifth item that I would like to speak to is a budget measure that is tabled by our government that will ensure that survivors of family violence receive five days of paid leave. Advocates, women's organizations and unions have told us that these five days will ensure that those who experience that violence will have some time to figure out next steps, to come up with a plan, to take a time out, whatever that may be. This is something that we heard from advocates across Canada and we listened.

Regardless of our political persuasions, we all agree that nobody should have to live in fear, in economic uncertainty, of not having access to a decent job, or being paid less for work of equal value. Everyone should have the opportunity to succeed in this great country, no matter their gender, gender identity, age, language, origin, race, abilities, rurality or other identity factors.

I encourage my hon. colleagues in this House to support this bill. The measures introduced, combined with our government's efforts, like support for women's organizations, like child care, like a national housing strategy that has a carve-out for women who are escaping violence, like the work we are doing to support women entrepreneurs and women leaders, like Daughters of the Vote, all of these measures combined will ensure greater equality in Canada, will grow Canada's middle class and will support those working hard to join it.

I hope that colleagues support Bill C-86. I am happy to answer any questions they may have.

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November 6th, 2018 / 3:55 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Mr. Speaker, the hon. member, in her speech, said that we need to tackle the problem of violence against women and girls. I agree. Then she went on to say that we need to tackle this problem, because it will mean that our economy will be advanced, that it will be good for our economy. What she is saying, in essence, is that in Canada we face a problem where women and girls are mistreated, and we need to make sure that we take care of that problem so that these women and girls can go back into the workforce, so that they can contribute to our economic well-being as a country, and so that they can pay taxes to the government.

My question is very simple. As women, do we not have inherent dignity, inherent value and inherent worth? Are we not worth fighting for, just because we are women, because we are human beings, because we belong to a country called Canada?

In this country, we believe in the security and the freedom of a human being. We believe in making sure that is preserved and protected. We believe that every single Canadian from coast to coast should be able to walk in this country freely, that they should be able to walk in this country knowing that their security is intact, that they should not be attacked or mistreated by others, including the Prime Minister, I might add.

My question is very simple. Why is the hon. member devaluing women by saying that they simply need to be looked after so that they can better contribute to the economy?

Violence against women and girls is worth going after just because it is the right thing to do.

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November 6th, 2018 / 4 p.m.
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Liberal

Maryam Monsef Liberal Peterborough—Kawartha, ON

Mr. Speaker, I agree with my hon. colleague. Advancing equality and preventing gender-based violence is the right thing to do. It is also the smart thing to do.

I am sure my hon. colleague knows that domestic violence is costing us $12 billion a year. I am sure my hon. colleague knows that, if given the choice, many would prefer to be out and reaching their full potential and contributing to society and the economy.

This is why we have invested over $200 million in a strategy to address and prevent gender-based violence. This is why we are investing tens of millions of dollars in women's organizations that are doing this work. This is why our government was the first to introduce a strategy to address and prevent gender-based violence. I also would like to remind colleagues that our party is the party of the Charter of Rights and Freedoms and we too, like my colleague opposite, believe in protecting these rights, protected and fought for by others who have come before us.

I would like to add that the Conservatives had 10 years to address the challenges around gender-based violence. I would like to add that they closed down regional offices across the country. They shut down and stopped funding women's organizations that were advocating for a better life and for the dignity that is now being mentioned. The Conservatives worked every step of the way to undermine, undervalue and underestimate Status of Women Canada and women in this country. It is good to see them come on board and see the merit in our plan. I look forward to any future collaborations.

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November 6th, 2018 / 4 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, in my many years in Parliament, I have seen governments squander a lot of things, and one thing majority governments are dangerous about squandering is the word of the prime minister, through sheer arrogance.

We remember how the Prime Minister won, saying this was going to be the last election under first past the post. He said there were going to be new relations with first nations. On prorogation and the use of omnibus bills, we remember how he said that Stephen Harper used omnibus bills, but the Liberals would change the Standing Orders and they would not do that. Now we are looking at this ridiculously large omnibus bill that comes from a Prime Minister who figures that the words he said to get himself elected actually do not count for all that much.

What really concerns me in this is the Liberals have shoved into this massive budget implementation bill fundamental questions about first nations issues. They do not even believe they have to bother consulting first nations. It is the same old attitude of the same old government that goes all the way back.

How, in God's name, does the government have the gall to shove issues about first nations rights and land into an omnibus budget bill without consultation?

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November 6th, 2018 / 4 p.m.
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Liberal

Maryam Monsef Liberal Peterborough—Kawartha, ON

Mr. Speaker, I can assure my hon. colleague that we are open to engaging with all peoples of this land, especially the first peoples of this land, to ensure that we move together effectively in an era of reconciliation.

I can speak to pay equity. We are absolutely in consultation with indigenous communities across the country. I would be happy to provide my hon. colleague with an update on that.

I would also say that our government supported UNDRIP, the proposal that was placed in this House, and my hon. colleagues from the Conservative Party did not.

We will continue to ensure that all Canadians, regardless of race, ability, disability and gender identity, have the opportunity to reach their full potential in this great country. I urge my hon. colleagues to support this bill so we can continue to do that work.

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November 6th, 2018 / 4 p.m.
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Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, I am very pleased to rise. As usual, I would like to say hello to the many people of Beauport—Limoilou who are watching us live on CPAC or on platforms such as Facebook and Twitter later.

I would like to comment on the speech by the Minister of Status of Women. I found it somewhat hypocritical when she said that she hopes her opposition colleagues will support the bill and the budget's feminist measures, which she presented, when the Liberals actually and strategically included all these measures in an omnibus bill, the 2018 budget implementation bill. Clearly, we, the Conservatives, will not vote in favour of Bill C-86 because it once again presents a deficit budget that is devastating for Canada's economy and for Canadian taxpayers. It is somewhat hypocritical for the minister to tell us that she hopes we will support the measures to give women more power when she herself was involved in hiding these measures in an omnibus bill.

I would like say, as I often say, that it is a privilege for me to speak today, but not for the same reason this time. I might have been denied the opportunity to speak to Bill C-86 because this morning, the Liberal government imposed closure on the House. It imposed time allocation on the speeches on the budget. This is the first time in three years that I am seeing this in the House. Since 2015, we have had three budget presentations. This is the sixth time we are debating a budget since 2015 during this 42nd Parliament. This is the first time I have seen the majority of my Conservative colleagues and the majority of my NDP colleagues being denied speaking time to discuss something as important as Bill C-86 to implement budgetary measures. The budget implementation legislation is what formalizes the budget the government brought down in February. Implementation is done in two phases. This is the second phase and it implements the Liberal government's budget.

By chance, I have the opportunity to speak about the budget today and I want to do so because I would like to remind those listening about some key elements of this budget which, in our view, are going in the wrong direction. First, the Liberals are continuing with their habit, which has become ingrained in their psyches. They are continuing with their deficit approach. It appears that they are in a financial bind. That is why they are creating new taxes like the carbon tax. They also lack the personal ability to govern. You might say that it is not in their genes to balance a budget. The Liberals' budget measures are bad and their economic plan is bad. They are so incapable of balancing the budget that they cannot even give us a timeline. They cannot even tell us when they think they will balance the budget.

This is the first time that we have seen this in the history of our great Canadian parliamentary democracy, established in 1867, and probably before that, in the parliaments of the United Canadas. This is the first time since 1867 that a government has not been able to say when they will balance the budget. I am not one for political rhetoric, but this is not rhetoric, this is a fact.

The Liberals made big promises to us in that regard during the 2015 election. Unfortunately, the Liberals put off keeping those promises. They promised to balance the budget by 2019. Now, they have put that off indefinitely, or until 2045, according to the Parliamentary Budget Officer, a position that, let us not forget, was created by Mr. Harper. That great democrat wanted to ensure that there was budgetary accountability in Parliament. The Liberals also promised that they would run small deficits of $10 billion for the first three years and then balance the budget. The first year, they ran a deficit of $30 billion. The second year, they ran a deficit of $20 billion. The third year, they ran a deficit of $19 billion. Just a week or two ago, we found out from the Parliamentary Budget Officer that the Liberals miscalculated and another $4 billion in debt has been added to that amount. The Liberals have racked up a deficit of $22 billion. That is 6.5 times more than what they set out in their plan to balance the budget.

The other key budget promise the Liberals made was that the small deficits of $10 billion would be used to build new infrastructure as part of a $187-billion program.

To date, only $9 billion has flowed from the coffers to pay for infrastructure projects. Where is the other $170 billion? The Prime Minister is so acutely aware of the problem that he shuffled his cabinet this summer. He appointed the former international trade minister to the infrastructure portfolio, and the new infrastructure minister's mandate letter says he absolutely has to get on this troublesome issue of money not being used to fund infrastructure projects.

There is a reason the Liberals do not want to give us more than two or three days to discuss the budget. They do not want the Conservatives and the NDP to say quite as much about the budget as they would like to say because we have a lot of bad things to tell them and Canadians.

Fortunately, we live in a democracy, and we can express ourselves in the media, so all Canadians can hear what I have to say. However, it is important for us to express our ideas in the House too because listening to what we say here is how Canadians learn what happened in history.

Things are not as rosy as the Liberals claim when it comes to the economy and their plan. For instance, in terms of exports, they have not been able to export Canadian oil as they should. We have one of the largest reserves in the world, but the Liberals tightened rules surrounding the National Energy Board in recent years. As a result, several projects have died, such as the northern gateway project and energy east, and the Kinder Morgan Trans Mountain project, which the Liberals managed to save in the end using $4.5 billion of taxpayers money. In short, our exports are not doing very well.

As for investments, from 2015 to 2017, Canadian investments in the U.S. increased by 65%, while American investments in Canada dropped by 52%.

On top of that, one thing that affects the daily lives of Canadians even more is the massive debt, which could jeopardize all our future projects for our glorious federation. In 2018, the total accumulated debt is $670 billion. That comes out to $47,000 per family. Not counting any student debt, car payments or mortgage, every family already has a debt of $47,000, and a good percentage of that has increased over the past three years because of the Liberals' fiscal mismanagement.

That is not to mention the interest on the debt. I am sure that Canadians watching at home are outraged by this. In 2020, the interest on the debt will be $39 billion a year. That is $3 billion more than we invest every year in health.

The government boasts about how it came up with a wonderful plan for federal health transfers with the provinces, but that plan does not respect provincial jurisdictions. What is more, it imposes conditions on the provinces that they must meet in order to be able to access those transfers. We did not do that in the Harper era. We are investing $36 billion per year in health care and spending $39 billion servicing debt. Imagine what we could have done with that money.

I will close by talking about the labour shortage. I would have liked to have 20 minutes so I could say more, but we cannot take the time we want because of the gag order. It is sad that I cannot keep going.

Quebec needs approximately 150,000 more workers. I am appalled that the minister would make a mockery of my questions on three occasions. Meanwhile, the member for Louis-Hébert had the nerve to say that the Conservatives oppose immigration. That has nothing to do with it. We support immigration, but that represents only 25% of the solution to the labour shortage. This is a serious crisis in Quebec.

There are many things under federal jurisdiction that the government could do and that, in combination with immigration, would help fill labour shortages. However, all the Liberals can do is make fun of me, simply because I am a member of the opposition. I hosted economic round tables in Quebec City with my colleagues, and all business owners were telling us that this is a serious crisis. The Liberals should act like a good government and stop making fun of us every time we speak. Actually, it is even worse; they want to prevent us from speaking.

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November 6th, 2018 / 4:10 p.m.
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LaSalle—Émard—Verdun Québec

Liberal

David Lametti LiberalParliamentary Secretary to the Minister of Innovation

Mr. Speaker, I thank the hon. member for his very interesting comments. I have visited regions all across Quebec on behalf of the Minister of Innovation, and I have also heard the heartfelt appeals regarding the labour shortage.

Is the hon. member prepared to encourage his colleagues to promote innovation across Quebec and Canada?

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November 6th, 2018 / 4:15 p.m.
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Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, that is such a dishonourable question. He is doing exactly what I just criticized his colleague from Louis-Hébert for doing. That is fearmongering. The Liberals are doing exactly what they are accusing us of doing. They are making a mockery of what we are saying and the work we are doing as Her Majesty's opposition.

When we were in power, over 300,000 immigrants entered Canada every year, and there were no crises at our borders because we made sure that the our immigration system was orderly, fair and peaceful.

At an economic round table, the executive director of the Association des économistes du Québec told us that immigration was only 25% of the solution to the labour shortage. Even if we welcomed 500,000 immigrants a year, that would still not completely solve the labour shortage.

We need to help seniors who want to return to the workforce. We need to allow foreign students in our universities to stay longer. We need to make sure that fewer young men in Quebec drop out of high school. All kinds of action could be taken, but all the Liberals are capable of doing is launching completely false insinuations and hyper-partisan attacks on us.

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November 6th, 2018 / 4:15 p.m.
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Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Speaker, I want to congratulate my colleague from Beauport—Limoilou, who is also a young father. He talked a lot about the colossal debt that the Liberals are accumulating with their mismanagement. They talk a lot about the environment, but they are bringing in a tax that will do nothing to reduce greenhouse gas emissions.

As a young father, does my colleague believe that the government racking up all this debt during a period of relative economic prosperity will put the country in a vulnerable position in the coming years?

What would he say is the right path for ensuring that we leave a sustainable tax environment and a lasting ecosystem for future generations?

Budget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 4:15 p.m.
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Conservative

Alupa Clarke Conservative Beauport—Limoilou, QC

Mr. Speaker, the government needs to be serious and show some leadership. That means being capable of making decisions for the future well being of Canadian society.

Why are the Liberals coming up with a carbon tax and bogus plans to fight climate change when they know a recession is coming? Everyone is talking about it. There will be a recession by 2020. What are they going to do in a recession with a $30-billion deficit? They have run up deficits or more than $100 billion in three and a half years. When the next recession hits, what are they going to do to get the economy moving again without any money?

We know what to do. From 2006 to 2015, the Conservative government managed to get through the worst economic crisis in history since the recession of the 1930s. We had the best result in the G7 and the OECD.

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November 6th, 2018 / 4:15 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, my question is brief and it relates to the member's comments on the deficit. If he is so concerned about debt, how does he explain the fact that in 150 years since Confederation, the Liberals have been in power for 60% of the time and the Conservatives have been in power for—

Budget Implementation Act, 2018, No. 2Government Orders

November 6th, 2018 / 4:15 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

One moment please. I believe we have a problem with the sound system. Can everyone hear my voice? Let us give it another shot then.

The hon. member for Kingston and the Islands. A 30-second question will get a 30-second answer.