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

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

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

Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

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

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

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

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

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

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

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

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

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

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

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

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

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

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

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

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

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

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

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

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

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

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

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

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

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

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

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

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

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

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

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

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

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

Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism (Multiculturalism)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conservative

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

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

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

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

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

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

Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

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

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

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

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

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

The Deputy Speaker Bruce Stanton

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

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

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

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

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

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

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

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

Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Mr. Speaker, of course, each and every committee operates on its own and its membership decides what to do and what kind of study to undertake. Therefore, I cannot speak to the particular point my friend opposite brought up.

Certainly, there will be ample opportunity, once Bill C-86 goes to the finance committee for study. If the finance committee requires additional support from other committees, they may well ask for that.

However, at this point, it is important that the bill goes to committee and a full and comprehensive study takes place before it comes back here.

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

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

Liberal

Salma Zahid Liberal Scarborough Centre, ON

Mr. Speaker, in the hon. member's speech he talked about the Canada child benefit. Can the member please explain how the Canada child benefit is making an impact in his community and what he is hearing from families about how it is helping them in their day-to-day lives?

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

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

Liberal

Gary Anandasangaree Liberal Scarborough—Rouge Park, ON

Mr. Speaker, my hon. colleague and I work closely together, as we represent ridings covering a geographically close area.

Of course, the topic of the Canada child benefit keeps coming up over and over again. Overwhelmingly, people talk about how it impacts them in a very personal way. In my riding the impact is worth $76 million. It has been put toward to buy food and pay for soccer and other things, such as extracurricular activities at school. It is a game changer in our communities and I am sure it is as well across the country.

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

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

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, we have come together this afternoon to discuss Bill C-86, budget implementation act, 2018, no. 2. Simply put, for anyone listening, this debate is about the bill that implements the principal measures of the budget.

This debate is vital to Canadian democracy and crucial to ensuring that Canadian taxpayers know how their money is being spent. Unfortunately, closure has been invoked on this debate. Three years ago, the government told Canadians that it was committed to doing things differently, that it would never use closure, and that it would not introduce huge bills like this one. It is doing the exact opposite. Closure has been imposed over 50 times. This bill is not just 10 paragraphs long; it has 858 pages. It is what is known as an omnibus bill. Bill C-86 contains provisions dealing with labour code standards, for instance, and other things that have nothing to do with the budget. The Liberal way is to say one thing during the election campaign and do the opposite once they are in power.

Furthermore, when you look at Canada's budgetary situation, you see that it is exactly the opposite of what the Liberal Party had promised, with hand over heart, to win Canadians' trust. The Liberals did have their trust, but unfortunately they have squandered it.

Keep in mind that the Liberal Party promised to run small deficits for three years before returning to a balanced budget in 2019, which miraculously happens to be an election year. The Prime Minister came up with an interesting economic theory. During an interview with CBC, he said that budgets balance themselves, implying that deficits do not exist. I checked with every economic school of thought in the world and aside from the current Prime Minister of Canada, there is not a single serious economist who thinks that budgets balance themselves. The Prime Minister may see rainbows and unicorns when he looks at the budget, but people who know how to count certainly do not.

If budgets balanced themselves then we could expect the budget to be balanced in 2019, but the opposite is true. For three years the Liberals have been running deficits that are two to three times higher than expected. Today, 2019 is just around the corner and the government has absolutely no idea when it plans to return to balanced budgets.

It is certainly not for lack of trying on our part. Just today the official opposition finance critic, the hon. member for Carleton, questioned the Minister of Finance five times. He was in the House, where he could have clearly stated when the government plans to return to a balanced budget.

Our question was crystal clear: When will Canada get back to a zero deficit? We asked him that, not once, not twice, not three times, but five times in a row and, unfortunately, the Minister of Finance dodged the issue. Maybe the Minister of Finance will dodge the issue, but he cannot dodge reality, and certainly not his responsibility to Canadian taxpayers.

Why are deficits bad? They are bad because, ultimately, our children and grandchildren will have to pick up the tab. Running deficits is irresponsible because that is not our money.

I know that the Minister of Families, Children and Social Development is a credible person. He is an honourable man whom I respect and hold in high esteem. The problem is the government saying that it is thinking of children in this budget. Sure it is thinking of children—it is forcing them to foot the bill once they hit the job market. That is the Liberal Party way, but that is not how a responsible government that got itself elected by promising small deficits should behave.

We all remember how the Liberals went on and on about making the rich pay more taxes.

The famous 1% of Canadian taxpayers will get hurt by the Liberal government. Oh yes, looking at the results and the figures, since those guys were elected three years ago, the famous 1% have not paid more taxes, but more than $4 billion less. That is the Liberals' economy. That is the Prime Minister's economy. That is the way those guys were elected, by saying, “No deficit in 2019 and the 1% will pay more”. They said that, but that is not the reality today.

Members will also recall that the Liberals promised to run very small deficits to stimulate the economy while investing billions of dollars in infrastructure. Once again, the results are not there. In one of his most recent reports a few months ago, the Parliamentary Budget Officer indicated that there was no infrastructure plan. It is not the official opposition, members of the NDP or the Conservative Party of Canada who said that. Everything that has been done has boosted the economy by only 0.1%, so that is just one more promise this government has broken.

The Liberal government has completely lost control of the public purse. People need to understand something. It is only natural that government spending will go up every year for two reasons: population growth and inflation. If the population increases, the government has to provide more services, which costs more money. If inflation rises, the government has to spend more to prevent a freeze down the road. That is fine. However, the government did not take into account the combination of these two basic factors in its calculations. It has spent three times more than it should have based on the combination of inflation and population growth. Simply put, the Liberals do not know how to count and they are spending recklessly.

That brings us to the troubling signs we are seeing today. First of all, investments in Canada are in free fall, dropping by 5%. If we break down this sad and alarming reality further, we discover that unfortunately, thanks to the current government's ineptitude, combined with the new U.S. administration's solicitous approach to managing and stimulating investment, Canadian investment in the United States is up 65% and U.S. investment in Canada is down 52%.

The two indices that we use to determine whether the Canadian economy is getting sufficient stimulation from an investment standpoint suggest that Americans are investing less in Canada and Canadians are investing more in the United States. That is bad news on two counts.

Another concern is related to the announcement made by the Governor of the Bank of Canada. I am not referring to the Governor General, although former governors general have been in the news lately, some for debatable reasons and others for very bad reasons. The current Governor of the Bank of Canada, Stephen Poloz, made it clear that playtime was over last week when he announced that after modest interest rate hikes, we should get used to the idea of a minimum interest rate of 3%, or potentially higher.

This warning sign should to be taken into account when major budget checks or manoeuvres are being done, but unfortunately, this government is not doing anything about it. It does not care. Given that we will be paying $24 billion in interest on our debt this year alone, and that figure could soon rise to $35 billion and beyond, it seems obvious that we need to curb our spending. We need to stop spending three times more money than the inflation rate combined with population growth allows. We need to ensure sound management of public funds.

Canadians will have to contend with the Liberal carbon tax next year. The Liberals boast about their lofty principles. They are always ready to work with the provinces as long as the provinces work with them and say exactly what they are saying. When the provinces want nothing to do with the Liberal carbon tax, it is imposed on them by the government.

That is not how federal-provincial relations should be conducted. We must work together. If by chance the provincial governments want to have a carbon tax or participate in the carbon exchange, it would be their choice. However, if they are not interested and decide to opt out, the federal government will twist their arm. That is not the right approach.

The government is obviously talking out of both sides of its mouth. It says that there must be a price on pollution, which is their new slogan, but it is not for everyone. Under the Liberals, the big emitters will get a discount, not of 5%, or 10% or even 50%, but of 90%.

These are the same people who said that the rich would pay more, when in fact they are paying less. These are the same people who said that they want to tax carbon and polluters, except for the biggest polluters.

In light of this, we will be voting against the bill and exposing the Liberal government's contradictions.