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.

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 29th, 2018 / 11:10 a.m.


See context

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, the purpose of the amendment I proposed in the House of Commons is to take this matter at third reading stage and return it to committee for a full consideration of this issue of bereavement leave.

I do not believe the member is correct. With respect to the 17 weeks that are provided, when we talked to officials at committee, they said it included time for recuperation after giving birth, for which 17 weeks is very reasonable. If within that time a mother lost her child, she would only get up to 17 weeks. She would not get anything in addition. If at 17 weeks plus a day her child were to pass away, the mother would get nothing. She would get the three paid days and two unpaid days. I also think that is patently unfair to a mother who loses a child.

The second part is that 12 weeks be provided to fathers. There has to be some type of equality provided to fathers and consideration of their feelings and what they are going through. That is not currently the case in the Canada Labour Code.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:10 a.m.


See context

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, my colleague would be surprised to know that I do not agree with all of his speech, although I very much agree with some of what he said. However, I agree with the amendment he has brought forward.

This was discussed at committee, and like every other amendment brought forward by the opposition designed to fix some of the glaring holes, problems and mistakes in Bill C-86, it was rejected by the committee. It defies understanding why when opposition members bring forward, in good faith, amendments designed to improve legislation, the government simply, with the back of the hand, slaps all of that back. The amendment the member tabled today is very much in keeping with that. It was not supported in any way by government members.

I would like to hear the member's perspective on why government members rejected something that is clearly needed and fits with the principles and values of the vast majority of Canadians.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:10 a.m.


See context

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, the member for New Westminster—Burnaby is absolutely correct. It happens all too often. I can live with motions or amendments being voted down, as long as there is a fulsome debate so we can hear both sides of the argument in full and at least consider some amendments and work in a more collegial manner. In some committees, that is possible, and in others less so. To the credit of the government, there are government caucus members who have accepted amendments at other committees. However, I would say it is an infinitesimally small number of amendments. In a case like this, I do not think there are any political points members are trying to score either way.

It is during the questioning of officials that we sometimes discover an inequity in the system. It is not an intentional inequity. It is simply an accumulation of policy decisions and legislative changes made over time that lead us into situations where we may realize that we have accumulated legislative measures and regulatory ideas that have now built inequity into the system. In this particular case, there is a good case to be made that we have inequitable bereavement leave that discriminates against fathers who have lost a child as well as mothers after the 17th week.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:10 a.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I am going to go to the bill itself. The member made reference to the province of Alberta and the price of oil. Obviously, that is of great concern to the government. I would like to think it is of concern to all members of Parliament. Where I take exception is that the Conservatives have consistently tried to pin blame on the government because of policy decisions. I would ask the member to recognize that the core of the problem, as I see it, is that 99% of our commodity is going through the United States. That has been the case since Stephen Harper actually became the prime minister of Canada, and it never changed.

The opportunity to expand our markets was there during Stephen Harper's time. Now, for the first time, we have a commitment that engages Ottawa in taking ownership of a pipeline in order for us to expand the market. That is far more than what Stephen Harper ever did.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:15 a.m.


See context

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, the approach the member has suggested and the measure he is speaking of, the expropriation and purchase of Trans Mountain, is, to quote Ronald Reagan, “I'm from the government and I'm here to help”. It is patently untrue. The vast majority of Albertans would say that if the government got out of our way, we could get the job done.

It is also not factually correct to say that there were no pipelines or infrastructure built to tidewater, because in fact, the pipelines that were approved under the previous government led to Cushing and from there to Freeport, Texas. It is kind of like believing that if a road is built towards a highway, but because the highway is not on the direct road and the overpasses are not directly connected, the off-ramps do not count or do not exist. That is a patently untrue argument to make.

Pipelines are connected throughout North America. What the parliamentary secretary is suggesting is that somehow these pipelines that were approved by the previous government, and built by the private sector, lead to nowhere. It is an admission of failure for the government to spend $4.5 billion, and another $8 billion in construction in the future, to build something the private sector wanted to build.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:15 a.m.


See context

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, by his own admission, the member for Carleton has asked a simple question well over 400 times, either through committee or the House of Commons in question period, asking the government when the budget will be balanced.

The government members deflect, defer and do not answer the question. I want to ask the hon. member why that question is so important, not just to the Canadian economy but to our competitiveness and to future generations as well.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:15 a.m.


See context

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, the member draws our attention to the fact that the date for balancing the budget is now difficult to even predict, because many finance department documents and budgetary documents do not quite match up. It does not make a lot of sense.

To me, it is very simple. The stewardship of the financial resources of the public treasury should be, if not mission number one, mission number two of the Government of Canada. Today's debt is tomorrow's taxes. It is leaving it to future generations to clean up the financial mess the government is leaving behind.

Let us return to the Yiddish proverb for a moment just so the member can hear it again: “From success to failure is one step; from failure to success is a long road.”

The government is failing to account for the true cost of the carbon tax and the cost of not balancing the budget today, and that long road ahead of fixing the messes and the failures of leadership will probably take two or three generations to ensure that our great-grandkids are not stuck with the bill.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:15 a.m.


See context

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I am very disappointed to rise in the House to speak to Bill C-86. I think the disappointment I feel about the promise of the government in 2015 versus what it has delivered recently is felt acutely by many Canadians. Hopes were high in 2015 that things would change.

Certainly the Prime Minister, in his admittedly very effective campaign, talked about how things would change in Ottawa, how parliamentarians and Parliament would be respected and get back to doing the work we are paid to do on behalf of Canadians from coast to coast to coast after the Harper years.

In the Harper years we saw a systematic denial of the ability of parliamentarians to get amendments and legislation through and systematic dumping of two or three hundred page omnibus bills in the House of Commons. Then there was fairly systematic recourse to the “guillotine”, as we say in parliamentary procedure, meaning that parliamentarians were not able to speak to and address their constituents' concerns on the floor of the House of Commons.

Those days seem almost quaint now. The offence we took at the Harper government's use of 200 page budget omnibus bills, the dumping of a whole range of unrelated factors into omnibus legislation and forcing it through the House of Commons in a week or two, seem almost quaint now as we come into 2018, almost 2019. I say this because of what the Liberal government has done instead of keeping its commitments to make parliamentarians get back to the work we are paid and asked to do on behalf of Canadians, to scrutinize and improve legislation, to work through and hear witnesses and make sure that everything that we pass through the House is the best possible legislation and does what it is purported to do.

Instead of putting back in place a Parliament that would function well, one where there was consultation with opposition parties, what we have seen saw from the Prime Minister has been a doubling down. I will come back to that later in my speech, because what we have seen over the last few months in particular really goes to the character of the government and the Prime Minister and finance minister.

Bill C-86 is the living embodiment of everything that has gone wrong with the government over the last three years. Despite the high promise and firm commitment by the Liberals before they came to Parliament, three years later we now see in Bill C-86 another example of how the government is no different from the government before it, but even worse in many respects. Instead of 200 or 300 page omnibus budget implementation bills that throw everything but the kitchen sink into one piece of legislation, we now have almost 900 pages, and with Bill C-86, some seven stand-alone pieces of legislation being included.

Instead of having the week or two of parliamentary scrutiny that we had under the Harper regime, which in itself was inadequate, we now have one or two days of consideration before the bulldozer is brought in and parliamentary rights and privileges are simply pushed aside. Instead of the government's being willing to accept the expert testimony of witnesses and to work with opposition parties to improve legislation, we see a government that is purporting to push legislation through that it knows is inadequate and will lead to court challenges.

That is the sad case with Bill C-86. Under the Harper regime it happened half a dozen times. The Conservative government rammed legislation through the House after a week or two of consideration, knowing that ultimately it would be decided in the courts. Half a dozen times the courts rejected the legislation because it was so shoddily made, because the government refused to hear from witnesses.

Bill C-86 has not been adopted yet, but the government is indicating, with all of its strength, that it will refuse to heed any advice or counsel that would improve this legislation in any way. The Liberals say they are just going to force it through, and we know now that women will be forced to return to the courts on the pay equity issue. It is a sad commentary that a government that knows that what it is doing is bad is relying on spin over substance. The Liberals have been saying in the House that they have brought forward pay equity legislation. The fact that it is full of flaws, the fact that witnesses identified the flaws, and the fact that the NDP systematically brought forward amendments that would fix the flaws so that we would have solid pay equity legislation are all tossed aside.

The government feels that spinning the point that it has put forward pay equity legislation will override the sad substance of what is in Bill C-86 as currently constituted. This will force women back to the courts again so that they can get the right of equal pay for work of equal value. It is incredible that a government would do that. It really beggars belief that a government that knows that what it is doing is wrong still intends to do it anyway, because its members think they can spin their way out of it.

That is why I say that C-86 is the living embodiment of the dashed illusions and dashed hopes of Canadians, who back in 2015 were quite enthusiastic about the government. They felt that the government would make a difference and that it would be a change from the Harper regime. Three years later, so many Canadians, including people in my riding who voted Liberal back in 2015 and were so enthusiastic, now only say that they might perhaps vote Liberal. The Liberals will say that in the opinion polls they are still doing well, but what they do not understand is that there is a difference in the strength of intensity of belief. The reality is that in the next few months there will be a debate on a whole range of government decisions, and the traditional Liberal sense of entitlement and arrogance that seems to have re-established itself after three brief years in power is going to encounter that reaction from Canadians.

Indeed, the living embodiment of Liberal broken promises contained within this massive budget, Bill C-86, has planted the seeds of what could well be, in the coming 11 months, a strong reaction from Canadians that the government does not deserve another mandate. We do not want to go backwards to the Harper regime years, but Canadians, and certainly my constituents, feel tired of a government that makes promises and then promptly breaks them.

The biggest flaw with Bill C-86 is what is not in it and what could have been in it. I will include within that the mini budget that we heard last week, which was so out of touch with Canadian realities. It was so out of touch with Canadians struggling with profoundly deep debt loads, the the highest debt loads in our history and the highest debt loads of families in any industrialized country on this planet. Those debt loads were prompted by government policies over the last 30 or 40 years, the refusal to provide supports for affordable housing or pharmacare, the refusal to provide supports for families.

What we saw, both in Bill C-86 and the mini budget, was a cascade of money for corporate CEOs. The government seems unable and unwilling to address any of the concerns of regular folks right across the length and breadth of this land. To do a quick accounting, in just the last few months, the cascade of money includes $4.5 billion for an old leaky pipeline, twice its asset value. Despite that, the government did not flinch at throwing $4.5 billion into that purchase. Now we are seeing the construction costs of that pipeline again going up, being anywhere between $11 billion to $15 billion, but the government is not flinching. The finance minister does not even have a firm estimate of the costs. He is going with Kinder Morgan's estimate. That is most probably another $15 billion on top of the $4.5 billion.

In the mini budget last week, we saw $14 billion being given to corporate CEOs. The Liberal members will say that it is going to revitalize the economy, but when we look at the budget documents—because that is what we do in the NDP; we read through the documents—we see what the mini budget actually aimed to do was to accelerate tax writeoffs, so it included tax gifts for CEOs for very plush private jets and stretch limousines. I questioned Finance officials about this, because I wanted to be sure I understood it. I asked if a stretch limousine was covered by this accelerated writeoff, this big tax gift given by the Liberal government. They said it was. I asked if private jets were covered. They said yes. That is another $14 billion, and I am not even talking about the over $20 billion a year that goes to overseas tax havens.

Mr. Speaker, as you will recall, the Parliamentary Budget Officer, who is a hero, along with everyone else who works in that office, struggled for three years under the Harper regime, and another three years under the Liberal regime, before he was able to get the tax data that will allow us, for the very first time next spring, to have a conclusive and comprehensive evaluation of the amount of money that the wealthiest Canadians and Canada's most profitable corporations are squirrelling away offshore.

Small business owners, trades people and single mothers are paying their taxes, and Canadians are proud to do that because it is part of the character of our country that we provide for funds in common that are then to be invested to support all of us. However, that is not the way some of Canada's wealthiest and most profitable corporations have acted. The estimates go up to $20 billion, but the PBO could well find much more than that.

Let us do a quick accounting. We have $4.5 billion, another $15 billion, and another $14 billion on top of that. That is over $20 billion, and we are well over $50 billion without even pausing to take a breath or a sip of water.

What is not in Bill C-86 and not in the mini budget? Universal single-payer pharmacare was not in it. I have mentioned this before and I will mention it again. Every day, Parliamentarians pass Jim, begging on the bridge between the Chateau Laurier and the East Block. He is begging because there is no single-payer universal pharmacare system in our country. He has to beg for $500 a month. He lives on scant savings and a little money, but he has to beg so he can get the medication that keeps him alive.

Business owners pay $6 billion a year for drug plans, and yet we know that with our universal medicare program, that is a competitive advantage. That is $3,000 per employee per year, as a result of Canadian businesses not having to pay into the medical plans that American businesses have to pay into.

Pharmacare is a win-win for everyone, and the PBO indicated that it would be. It would represent $4 billion in savings overall for Canadians. However, there is nothing in Bill C-86 and nothing in the mini budget that addresses the crucial difficulties that people like Jim are facing. If any member of Parliament from the government side in any way is skeptical, they can just go to talk to Jim. He is out there now, begging for money so he can get the medication he needs to stay alive. It is incredible that in a wealthy country like this, a country where the Liberal government has been willing to fritter away $50 billion over the last few months with no hesitation, the government is unwilling to provide support for pharmacare.

Nothing in Bill C-86 addresses the housing crisis we are living in. It is incredible what Canadians are forced to live through in this housing crisis. Every time I mention housing, the Liberals start heckling and reacting very badly, but we are talking about real Canadians who are suffering profound difficulties.

I have spoken in the House about John, a senior who has ended up homeless and is in a homeless shelter now because of the lack of affordable housing in the country. I have talked about Heather. I have talked about Raj and Wade. I can mention so many stories.

Here is another one, and this comes from last night.

I turned left as I exited the Wellington Building last night and there was a woman, who I will call Yolande, sleeping outside under the canopy at the building. Every MP who left last night would have seen her. It twisted my gut to see her there. I am a parliamentarian. Despite the fact that there are 40 New Democrats here, we have been unable to get the Liberal government to understand there is a problem.

Canadians are getting increasingly frustrated with the Liberal government's inability to recognize that we are in a profound crisis. Thousands of Canadians are sleeping on the streets in our towns and cities. People like Yolande in Ottawa are sleeping under canopies. People are sleeping downtown on top of steam vents, or in parks, or in entryways of stores that have closed for the day. They are desperately seeking shelter for the night. That should not happen in a country as wealthy as Canada, full stop. Nothing in Bill C-86 addresses the profound crisis we are living through.

Nothing in Bill C-86 addresses the profound crisis in our education system for indigenous children who are underfunded and are living in appalling conditions. They go to schools that belie belief. The average is $6,500 to $10,000 less per student per year for students in an indigenous school as opposed to kids in other schools. Nothing in Bill C-86 addresses that at all.

It is not just the Liberals approach in Bill C-86. It is not just the glaring misplaced sense of priorities. It is the fact that witnesses have said, as they did with pay equity, that the bill needs to be improved otherwise women will have to go back to court. It is a sense from the Liberal government that it will not change it, that it does not care.

That is the biggest part of my profound disappointment, after three years of the Liberal government. I have a profound of sense of disappointment in the lack of an understanding of priorities, the sense of entitlement that somehow being able to spin words and say that pay equity is in the bill is the most important thing, not whether it is done right, not whether women have to return to court. It is the Liberals overall overall sense that it is fine, because they can spin it and tell everybody that they put equity legislation through, regardless of whether women have to go back to court or not.

It is like the excise tax that was imposed on medical cannabis users. The Liberals were stunned when I started to ask questions about it. Finance ministry officials had to look into it and realized that the excise tax had been imposed on medical cannabis users, 250,000 Canadians who need medical cannabis for pain management. They are often in intense pain.

We tried to fix that last spring and the Liberals said, no. They did not care. We tried to fix it again last week in Bill C-86, and Liberal members again rejected the amendments on eliminating the excise tax on medical cannabis, as they did with every other amendment that came from the opposition. This means that medical cannabis users join other Canadians who cannot afford their medication. It is just a lack of empathy, full stop.

I understand the Prime Minister comes from a life of privilege as does the finance minister. I do not begrudge them that and I do not think any Canadian would. However, it is the lack of empathy, the lack of understanding of how their policies are making, demonstrably, the lives of so many Canadians worse that I and the rest of my party decry.

Bill C-86 could have been improved. It should have had other measures that addressed the concerns of Canadians. Because it does not, I will be voting against it.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:35 a.m.


See context

Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Mr. Speaker, it is not really a question of whether the glass is half full or half empty. Regardless of how much we take out of it, it is full. I am not thirsty, so I will not take a sip of it right now.

The reality is that the national housing strategy, which is a $40-billion investment over the next 10 years, is a re-profiling of the investments we have set to make and we now have signed bilaterals with the provinces to lock it in and deliver it.

What the member opposite fails to understand and what his criticism continually highlights is that he actually has not read past budget documents. If he had, he would know that in 2016, we invested $5.73 billion in the housing system. We did that by doubling our transfers to the provinces and tripling our funding for homelessness. That $5.7 billion is not in this budget implementation plan because it was in the previous one. We are not going to do it every time just to make the member happy.

This $5.73 billion, I might add, is four times more than the party opposite promised in its last campaign, a party that thinks the housing crisis started yesterday, apparently. Its plan for a budget this year was to put zero dollars into affordable rental housing and only $10 million toward homelessness, whereas we have $100 million and $5.73 billion.

Could the member opposite please explain to me why he thinks last year's budget implementation budget should be debated today instead of the one in front of us?

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:40 a.m.


See context

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, all members of Parliament had to battle Paul Calandra under the Harper regime, who would say things that simply were not true. It got to the point that it was an embarrassment to—

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:40 a.m.


See context

Liberal

Adam Vaughan Liberal Spadina—Fort York, ON

Mr. Speaker, I rise on a point of order. What I just said is true and to suggest that it is not is to suggest that I am not telling the truth, which is to say that I am lying. I would ask the member opposite to withdraw that.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:40 a.m.


See context

The Assistant Deputy Speaker Anthony Rota

I am afraid that is more debate that it is a point of order.

The hon. member for New Westminster—Burnaby.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:40 a.m.


See context

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, Paul Calandra did exactly that kind of thing every time it was pointed out he was simply wrong.

The member for Vancouver Kingsway showed the member for Spadina—Fort York the platform this week, so he has the figures right in front of him. He knows it was a $3-billion investment, yet he continues to say something that he knows is not true. He knows that the billions of dollars he pretends has rained down to address the housing crisis is simply not true either.

This is what I say about the character of the government and the Prime Minister, their inability to distinguish the spin or whatever they decide to manufacture as truth and actual reality.

The actual reality is that the number of homeless in the country is growing. The number of poor children in the country is growing. There are two ways the Liberal government and the parliamentary secretary could react to that. One is to say, yes, that is true, that they will withdraw the $14 billion they gave to corporate CEOs last week and invest it in housing.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:40 a.m.


See context

The Assistant Deputy Speaker Anthony Rota

Order, please. I will remind the two members from the NDP and the Liberal Party who are talking to each other while the hon. member is trying to answer his question that it is making it very difficult for him to concentrate and for us to hear what he has to say.

Budget Implementation Act, 2018, No. 2Government Orders

November 29th, 2018 / 11:40 a.m.


See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I rise on a point of order. As much as I am loath to agree with my friend from Spadina—Fort York on anything, it is a matter of order, not a matter of debate, that no one can accuse a member of lying in the House. Members ought to be called—