Budget Implementation Act, 2019, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 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) providing a temporary enhanced first-year capital cost allowance rate of 100% in respect of eligible zero-emission vehicles;
(b) removing the requirement that property be of “national importance” in order to qualify for the enhanced tax incentives for donations of cultural property;
(c) providing a temporary enhanced first-year capital cost allowance rate in respect of a wide range of depreciable capital properties, including a temporary first-year capital cost allowance rate of 100% in respect of
(i) machinery and equipment used for the manufacturing or processing of goods, and
(ii) specified clean energy equipment;
(d) ensuring that social assistance payments under certain programs are non-taxable, are not included in income for the purposes of determining entitlement to income-tested benefits and credits and do not preclude an individual from being considered a “parent” for the purposes of the Canada Workers Benefit;
(e) repealing the use of taxable income as a factor in determining a Canadian-controlled private corporation’s annual expenditure limit for the purpose of the enhanced scientific research and experimental development tax credit;
(f) providing support for Canadian journalism;
(g) introducing the Canada Training Credit;
(h) amending the Income Tax Act to reflect the current regulations for accessing cannabis for medical purposes;
(i) eliminating the requirement that sales be to a farming or fishing cooperative corporation in order to be excluded from specified corporate income for the purposes of the small business deduction;
(j) extending the mineral exploration tax credit for an additional five years;
(k) ensuring that business income of a communal organization retains its character when it is allocated to members of the communal organization for tax purposes;
(l) increasing the withdrawal limit under the Home Buyers’ Plan and amending how it applies on the breakdown of a marriage or common-law partnership;
(m) extending joint and several liability for tax owing on income from carrying on business in a TFSA to the TFSA’s holder and limiting the TFSA issuer’s liability for such tax;
(n) supporting employees who must reimburse a salary overpayment to their employer due to a system, administrative or clerical error;
(o) expanding tax support for electric vehicle charging stations and electrical energy storage equipment;
(p) allowing joint projects of producers from Canada and Belgium to qualify for the Canadian film or video production tax credit; and
(q) ensuring appropriate pension adjustment calculations in 2019 and subsequent tax years for registered pension plans that reference the enhanced Canada Pension Plan.
Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 19, 2019 budget
(a) to provide GST/HST relief in the health care sector by relieving the GST/HST on supplies and importations of human ova and importations of in vitro embryos, by adding licenced podiatrists and chiropodists to the list of practitioners on whose order supplies of foot care devices are zero-rated and by exempting from the GST/HST certain health care services rendered by a multidisciplinary team of licenced health care professionals; and
(b) by introducing amendments to ensure that the GST/HST treatment of expenses incurred in respect of zero-emission passenger vehicles parallels the income tax treatment of those vehicles.
Part 3 implements certain excise measures proposed in the March 19, 2019 budget by changing the federal excise duty rates on cannabis products that are edible cannabis, cannabis extracts (including cannabis oils) and cannabis topicals to $0.‍0025 per milligram of total tetrahydrocannabinol contained in the cannabis product.
Part 4 enacts and amends several Acts in order to implement various measures.
Subdivision A of Division 1 of Part 4 amends the Bank Act to, among other things, provide members of federal credit unions with different methods of voting prior to meetings and provide additional exceptions to the requirement that a proxy circular be sent in order to solicit proxies. The Subdivision also makes a technical amendment to An Act to amend certain Acts in relation to financial institutions.
Subdivision B of Division 1 of Part 4 amends the Canadian Payments Act to allow the term of the elected directors of the Board of Directors of the Canadian Payments Association to be renewed twice, to extend the term of the Chairperson and Deputy Chairperson of that Board and to allow the remuneration of certain members of the Stakeholder Advisory Council.
Subdivision A of Division 2 of Part 4 amends the Canada Business Corporations Act to require a corporation, on request by an investigative body that has reasonable grounds to suspect that certain offences have been committed, to provide to the investigative body a copy of its register of individuals with significant control or information in that registry that is specified by the investigative body. It also requires those investigative bodies to keep certain records in relation to their requests and to report annually in respect of those requests.
Subdivision B of Division 2 of Part 4 amends the Criminal Code to add the element of recklessness to the offence of laundering proceeds of crime.
Subdivision C of Division 2 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,
(a) allow the Governor in Council to make regulations defining “virtual currency” and “dealing in virtual currencies”;
(b) require the Financial Transactions and Reports Analysis Centre of Canada (“the Centre”) to disclose information to the Agence du Revenu du Québec and the Competition Bureau in certain circumstances;
(c) allow the Centre to disclose additional designated information that is associated with the import and export of currency and monetary instruments;
(d) provide that certain information must not be the subject of a confidentiality order made in the course of an appeal to the Federal Court; and
(e) require the Centre to make public certain information if a person or entity is deemed to have committed a violation or is served a notice of a decision of the Director indicating that a person or entity has committed a violation.
Subdivision D of Division 2 of Part 4 amends the Seized Property Management Act to authorize the Minister to, among other things,
(a) provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of certain property;
(b) manage property seized, restrained or forfeited under any Act of Parliament or of the legislature of a province; and
(c) dispose of property when it is forfeited to Her Majesty in right of Canada and, with the consent of the government of the province, when it is forfeited to Her Majesty in right of a province, and share the proceeds.
The Subdivision also makes consequential amendments to the Criminal Code, the Crimes Against Humanity and War Crimes Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
Division 3 of Part 4 amends the Employment Equity Act to require federally regulated private-sector employers to report salary information that supports employment equity reporting beyond salary ranges, including making wage gap information by occupational groups more evident.
Division 4 of Part 4 authorizes payments to be made out of the Consolidated Revenue Fund for climate action support and in relation to infrastructure as well as to the Federation of Canadian Municipalities and to the Shock Trauma Air Rescue Service.
Division 5 of Part 4 amends the Bankruptcy and Insolvency Act to, among other things,
(a) require all parties in a proceeding under the Act to act in good faith; and
(b) allow the court to inquire into certain payments made to, among other persons, directors or officers of a corporation in the year preceding insolvency and imposes liability on the directors for those payments.
The Division amends the Companies’ Creditors Arrangement Act to, among other things,
(a) limit the relief provided in an order made under section 11 to what is reasonably necessary and limit the period staying all proceedings that might be taken in respect of the company to 10 days;
(b) allow the court to make an order to disclose an economic interest in respect of a debtor company; and
(c) require all parties in a proceeding under the Act to act in good faith.
The Division also amends the Canada Business Corporations Act to, among other things,
(a) set out factors that directors and officers of a corporation may consider when acting with a view to the best interests of that corporation; and
(b) require directors of certain corporations to disclose certain information to shareholders respecting diversity, well-being and remuneration.
Finally, the Division amends the Pension Benefits Standards Act, 1985 to clarify that a pension plan is not to provide that, among other things, a member’s pension benefit or entitlement to a pension benefit is affected when a plan terminates. It also authorizes a pension plan administrator to purchase an immediate or deferred life annuity for former members or survivors in order to satisfy an obligation under the plan to provide a pension benefit arising from a defined benefit provision.
Division 6 of Part 4 amends the Canada Pension Plan to authorize the Minister of Employment and Social Development to waive the requirement for an application for a retirement pension in certain cases.
Division 7 of Part 4 amends the Old Age Security Act to provide, starting in July 2020, a new income exemption for the purposes of calculating the Guaranteed Income Supplement. The new exemption excludes the first $5,000 of a person’s employment and self-employment income as well as 50% of their employment and self-employment income greater than $5,000 but not exceeding $15,000.
Division 8 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act to increase the surplus limit that applies to the Canadian Forces Pension Fund, the Public Service Pension Fund and the Royal Canadian Mounted Police Pension Fund, respectively, to 25% of the amount of liabilities.
Subdivision A of Division 9 of Part 4 amends the Bankruptcy and Insolvency Act to permit trustee licensing fees to be paid on a date to be prescribed by regulation and to permit trustees to maintain electronic records instead of retaining original documents.
Subdivision B of Division 9 of Part 4 amends the Electricity and Gas Inspection Act to allow for the addition, by regulation, of units of measurement for electricity and gas sales and distribution.
Subdivision C of Division 9 of Part 4 amends the Food and Drugs Act to improve safety and enable innovation by introducing measures to, among other things,
(a) allow the Minister of Health to classify certain products exclusively as foods, drugs, cosmetics or devices;
(b) provide oversight over the conduct of clinical trials for drugs, devices and certain foods for special dietary purposes;
(c) provide a regulatory framework for advanced therapeutic products; and
(d) modernize inspection powers.
Subdivision D of Division 9 of Part 4 amends the Importation of Intoxicating Liquors Act to limit the application of the Act to intoxicating liquors imported into Canada.
Subdivision E of Division 9 of Part 4 amends the Precious Metals Marking Act to provide that exemptions made by regulation can be either conditional or unconditional.
Subdivision F of Division 9 of Part 4 amends the Textile Labelling Act to provide that exemptions made by regulation can be either conditional or unconditional.
Subdivision G of Division 9 of Part 4 amends the Weights and Measures Act to authorize, by regulation, the use of new units of measurement and to update the definitions of the basic units of measurement in accordance with international standards.
Subdivision H of Division 9 of Part 4 amends the Hazardous Materials Information Review Act to streamline the process for reviewing claims for exemption, to allow for the suspension and cancellation of exemptions and to harmonize the provisions of the Act that allow for the disclosure of confidential business information with similar provisions in other Department of Health Acts.
Subdivision I of Division 9 of Part 4 amends the Canada Transportation Act to authorize the electronic administration and enforcement of Acts under the Minister of Transport’s authority and to promote innovation in transportation by authorizing the granting of exemptions for the purpose of research, development and testing.
Subdivision J of Division 9 of Part 4 amends the Pest Control Products Act to, among other things, allow the Minister of Health to
(a) expand the scope of a re-evaluation of, or a special review in relation to, a pest control product rather than initiating a new special review; and
(b) decide not to initiate a special review if the aspect of a pest control product that would otherwise prompt such a review is being, or has been, addressed in a re-evaluation or another special review.
Subdivision K of Division 9 of Part 4 repeals the provisions of the Quarantine Act that relate to the laying of proposed regulations before Parliament.
Subdivision L of Division 9 of Part 4 repeals the provisions of the Human Pathogens and Toxins Act that relate to the laying of proposed regulations before Parliament.
Division 10 of Part 4 amends the Royal Canadian Mounted Police Act to establish the Management Advisory Board, which is to provide advice to the Commissioner of the Royal Canadian Mounted Police on the administration and management of that police force.
Division 11 of Part 4 amends the Pilotage Act to, among other things,
(a) set out a clear purpose and principles for that Act;
(b) transfer the responsibility for making regulations from the Pilotage Authorities, with the approval of the Governor in Council, to the Governor in Council, on the recommendation of the Minister of Transport;
(c) transfer responsibility for enforcing that Act and issuing and charging for licences and certificates from the Pilotage Authorities to the Minister of Transport;
(d) set out an enforcement regime that is consistent with other Department of Transport Acts;
(e) provide that regulatory matters for the safe provision of compulsory pilotage services not be addressed in service contracts between the Pilotage Authorities and pilot corporations;
(f) allow the Pilotage Authorities to impose charges other than by making regulations;
(g) require that service contracts between pilot corporations and the Pilotage Authorities be publicly available; and
(h) prohibit pilots, or users or suppliers of pilotage services, from sitting on the board of directors of a Pilotage Authority.
The Division also makes consequential amendments to the Arctic Waters Pollution Prevention Act and the Transportation Appeal Tribunal of Canada Act.
Division 12 of Part 4 enacts the Security Screening Services Commercialization Act. That Act, among other things,
(a) authorizes the Governor in Council to designate a body corporate incorporated under the Canada Not-for-profit Corporations Act as the designated screening authority, which is to be solely responsible for providing aviation security screening services;
(b) authorizes the Canadian Air Transport Security Authority to sell or otherwise dispose of its assets and liabilities to the designated screening authority;
(c) regulates the establishment, imposition and collection of charges related to the provision of aviation security screening services; and
(d) provides for the dissolution of the Canadian Air Transport Security Authority.
The Division also makes consequential amendments to other Acts.
Division 13 of Part 4 amends the Aviation Industry Indemnity Act to authorize the Minister of Transport to undertake to indemnify
(a) NAV CANADA for acts or omissions it commits in accordance with an instruction given under an agreement entered into between NAV CANADA and Her Majesty respecting the provision of air navigation services to the Department of National Defence; and
(b) any beneficiary under an insurance policy held by an aviation industry participant.
Division 14 of Part 4 amends the Transportation Appeal Tribunal of Canada Act to clarify that the Transportation Appeal Tribunal of Canada has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under the Marine Liability Act.
Division 15 of Part 4 enacts the College of Immigration and Citizenship Consultants Act. That Act creates a new self-regulatory regime governing immigration and citizenship consultants. It provides that the purpose of the College of Immigration and Citizenship Consultants is to regulate immigration and citizenship consultants in the public interest and protect the public. That Act, among other things,
(a) creates a licensing regime for immigration and citizenship consultants and requires that licensees comply with a code of professional conduct, initially established by the responsible Minister;
(b) authorizes the College’s Complaints Committee to conduct investigations into a licensee’s conduct and activities;
(c) authorizes the College’s Discipline Committee to take or require action if it determines that a licensee has committed professional misconduct or was incompetent;
(d) prohibits persons who are not licensees from using certain titles and representing themselves to be licensees and provides that the College may seek an injunction for the contravention of those prohibitions;
(e) provides the responsible Minister with the authority to determine the number of directors on the board of directors and to require the Board to do anything that is advisable to carry out the purposes of that Act; and
(f) contains transitional provisions allowing the existing regulator — the Immigration Consultants of Canada Regulatory Council — to be continued as the College of Immigration and Citizenship Consultants or, if the existing regulator is not continued, allowing the establishment of the College of Immigration and Citizenship Consultants, a new corporation without share capital.
The Division also makes related amendments to the Citizenship Act and the Immigration and Refugee Protection Act to double the existing maximum fines applicable to the offence of contravening section 21.‍1 of the Citizenship Act or section 91 of the Immigration and Refugee Protection Act.
In addition, it amends those Acts to provide the authority to make regulations establishing a system of administrative penalties and consequences, including of administrative monetary penalties, applicable to certain violations by persons who provide representation or advice for consideration — or offer to do so — in immigration or citizenship matters.
Finally, the Division makes consequential amendments to the Access to Information Act and the Privacy Act.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to
(a) introduce a new ground of ineligibility for refugee protection if a claimant has previously made a claim for refugee protection in another country;
(b) provide that if the Federal Court refuses a person’s application for leave to commence an application for judicial review, or denies their application for judicial review, with respect to their claim for refugee protection or their application for protection, the date of that refusal or denial is the first day of the period that must pass before a request or application referred to in section 24, 25 or 112 of that Act may be made; and
(c) authorize the Governor in Council to make an order regarding the processing of applications for temporary resident visas, work permits and study permits made by citizens or nationals of a foreign state or territory if the Governor in Council is of the opinion that the government or competent authority of that state or territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that state or territory who are in Canada.
Division 17 of Part 4 amends the Federal Courts Act to increase the number of Federal Court judges.
Division 18 of Part 4 amends the National Housing Act to allow the Canada Mortgage and Housing Corporation to acquire an interest or right in a housing project that is occupied or intended to be occupied by the owner of the project and to make an investment in order to acquire such an interest or right.
Division 19 of Part 4 enacts the National Housing Strategy Act. That Act provides for, among other things, the development and maintenance of a national housing strategy and imposes requirements related to the mandatory content of the strategy. It also establishes a National Housing Council and requires the appointment of a Federal Housing Advocate. Finally, it requires the submission of an annual report by the Advocate on systemic housing issues and the submission of periodic reports by the designated Minister on the implementation of the strategy and the achievement of desired housing outcomes.
Division 20 of Part 4 enacts the Poverty Reduction Act, which provides for an official metric and other metrics to measure the level of poverty in Canada, sets out two poverty reduction targets in Canada and establishes the National Advisory Council on Poverty.
Division 21 of Part 4 amends the Veterans Well-being Act to expand the eligibility criteria for the education and training benefit in order to make members of the Supplementary Reserve eligible for that benefit.
Division 22 of Part 4 amends the Canada Student Loans Act and the Canada Student Financial Assistance Act to extend the interest-free period on student loans by six months and to provide for transitional measures in respect of individuals to whom student loans were made and who ceased to be students at any time during the six months before the amendments come into force.
Division 23 of Part 4 amends the Canada National Parks Act to establish Thaidene Nene National Park Reserve of Canada and to decrease the hectarage of certain ski areas.
Division 24 of Part 4 amends the Parks Canada Agency Act to provide that, starting on April 1, 2021, any balance of money appropriated to the Parks Canada Agency that is not spent by the Agency in the fiscal year in which it was appropriated lapses at the end of that fiscal year.
Subdivision A of Division 25 of Part 4 enacts the Department of Indigenous Services Act, which establishes the Department of Indigenous Services and confers on the Minister of Indigenous Services various responsibilities relating to the provision of services to Indigenous individuals eligible to receive those services.
Subdivision B of Division 25 of Part 4 enacts the Department of Crown-Indigenous Relations and Northern Affairs Act, which establishes the Department of Crown-Indigenous Relations and Northern Affairs, confers on the Minister of Crown-Indigenous Relations various responsibilities relating to relations with Indigenous peoples and confers on the Minister of Northern Affairs various responsibilities relating to the administration of Northern affairs.
Subdivision C of Division 25 of Part 4 makes amendments to other Acts and repeals the Department of Indian Affairs and Northern Development Act.
Subdivision D of Division 25 of Part 4 makes amendments to the First Nations Land Management Act, the First Nations Oil and Gas and Moneys Management Act and the Addition of Lands to Reserves and Reserve Creation Act.
Division 26 of Part 4 enacts the Federal Prompt Payment for Construction Work Act in order to establish a regime to provide prompt payments to contractors and subcontractors for construction work performed for the purposes of a construction project in respect of federal real property or federal immovables and a regime to resolve disputes over the non-payment of that construction work.

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

June 6, 2019 Passed 3rd reading and adoption of Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures
June 6, 2019 Failed 3rd reading and adoption of Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (reasoned amendment)
June 5, 2019 Passed Concurrence at report stage of Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures
June 5, 2019 Failed Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (report stage amendment)
June 5, 2019 Passed Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (report stage amendment)
June 5, 2019 Failed Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (report stage amendment)
June 5, 2019 Failed Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (report stage amendment)
June 5, 2019 Failed Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (report stage amendment)
June 5, 2019 Failed Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (report stage amendment)
June 5, 2019 Failed Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (report stage amendment)
June 4, 2019 Passed Time allocation for Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures
April 30, 2019 Passed 2nd reading of Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures
April 30, 2019 Failed 2nd reading of Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures (reasoned amendment)
April 30, 2019 Passed Time allocation for Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures

Royal AssentOral Questions

April 30th, 2019 / 3:10 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, in a moment I will move a unanimous consent motion.

Bill C-97 contains two significant immigration provisions that should not be part of an omnibus budget bill. Over the weekend, some 2,600 Canadians wrote to me to condemn this action. Addressing the issue of crooked consultants is not a budget bill, and closing the door to asylum seekers looking for protection here in Canada should not be hidden in an omnibus budget bill. This is an affront to the work of parliamentarians and—

Immigration, Refugees and CitizenshipOral Questions

April 30th, 2019 / 2:50 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, Amnesty International raised the alarm about the Liberal shift in public policy to cater to the alt-right.

In Central and South America, sexual violence is rampant. Children as young as seven are faced with forced recruitment, yet the alt-right is vilifying refugees. They call it white nationalism. The Minister of Border Security is feeding into it by calling refugees asylum shoppers. With Bill C-97, they cannot even apply for protection in Canada.

If the Liberals have the courage to stand by the right to remove, will they table those changes as a stand-alone bill in the House?

Bill C-97—Notice of time allocation motionBudget Implementation Act, 2019, No. 1Government Orders

April 29th, 2019 / 5 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Madam Speaker, while I am on my feet, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-97, an act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures. Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Bill C-97—Proposal to Apply Standing Order 69.1—Speaker's RulingPoints of OrderRoutine Proceedings

April 29th, 2019 / 3:45 p.m.


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The Speaker Geoff Regan

I am now prepared to rule on the point of order raised on April 10 by the hon. member for Vancouver East concerning the applicability of Standing Order 69.1 to Bill C-97, an act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures.

I would like to thank the member for Vancouver East for raising this matter, as well as the Parliamentary Secretary to the Leader of the Government in the House of Commons for his comments.

The member for Vancouver East asked that the Chair use the authority granted under Standing Order 69.1 to divide the question on the motions for second and, if necessary, third reading of Bill C-97, as she argued the bill contained measures not announced in the budget of March 19, 2019.

She argued that the measures in subdivisions B, D, E, F, G, J, K and L of division 9 of part 4 amending a number of different acts did not appear to have been announced in the budget. The member also argued that divisions 15 and 16 of part 4, creating the college of immigration and citizenship consultants act and amending the Immigration and Refugee Protection Act, should be separated out of Bill C-97, as these two measures would significantly transform the Canadian immigration system.

The parliamentary secretary to the government House leader, in his intervention, sought to reassure the House that these measures were indeed arising out of the budget. He pointed out that many of the amendments arise out of a commitment made at page 326 of budget 2019 where it is written, and I quote:

The Government proposes to introduce legislation to begin its work on an annual modernization bill consisting of legislative amendments to various statutes to help eliminate outdated federal regulations and better keep existing regulations up to date.

He also mentioned that subdivision D in division 9 of part 4 was explicitly referenced at page 119, which states:

To facilitate internal trade, the Government intends to remove the federal requirement that alcohol moving from one province to another be sold or consigned to a provincial liquor authority. Provinces and territories would continue to be able to regulate the sale and distribution of alcohol within their boundaries.

Finally, the parliamentary secretary stated that divisions 15 and 16 of part 4, which relate to the creation of the college of immigration and citizenship consultants act and make changes to the Immigration and Refugee Protection Act, were dealt with at pages 184, 185 and 326 of the budget.

Standing Order 69.1 empowers the Speaker to divide the question on the motion for second and third reading of a bill in circumstances where the bill contains a number of unrelated provisions. It could certainly be argued that this is precisely the case with Bill C-97. However, the matter before us today concerns section (2) of that standing order, which makes an exception for budget implementation bills. That section reads as follows:

69.1(2) The present Standing Order shall not apply if the bill has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation.

The question for the Speaker then is whether the measures identified by the member for Vancouver East correspond to provisions announced in budget 2019.

Let me first deal with the measures in subdivisions B, E, F, G, K and L of division 9 of part 4 of Bill C-97. I am willing to accept the arguments from the parliamentary secretary that the amendments to the Electricity and Gas Inspection Act, the Precious Metals Marking Act, the Textile Labelling Act, the Weights and Measures Act, the Quarantine Act and the Human Pathogens and Toxins Act are all part of the effort to modernize existing regulatory powers and obligations. I believe it is appropriate that those measures be included in the general vote at second reading and, if necessary, at third reading.

The measures in subdivision J of division 9 of part 4, contained in clauses 217 to 219 of Bill C-97, concern amendments to the Pest Control Products Act. They deal with changes to the special review process that a minister may initiate relating to the registration of pest control products. I understand from the parliamentary secretary's comments that these modifications also fall under the heading “Bringing Innovation to Regulations” at page 326. Pages 116 to 120 of the budget provide more detail on this initiative. While less explicitly linked to specific regulations, in my view, the amendments to the Pest Control Products Act in Bill C-97 are aimed at reducing the regulatory burden associated with re-evaluation and special review of a product. The act empowers the Governor in Council to make regulations respecting the registration process, as well as a number of subjects related to the registration process, including the evaluation of the health or environmental risks or the value of pest control products. As such, I am prepared to accept this argument and will allow it to be included in the general vote.

The measures in subdivision D of division 9 of part 4, contained in clauses 185 to 189 of Bill C-97, concern the amendments to the Importation of Intoxicating Liquors Act. As indicated in the summary of the bill, these amendments are to limit the application of the act to intoxicating liquors imported into Canada. It is mentioned at page 119 of the budget that the government intends to remove federal barriers to the interprovincial trade of alcohol.

When reading clauses 185 to 189 of Bill C-97, I understand that the Importation of Intoxicating Liquors Act must be amended for it to apply only to the importation of alcohol into Canada and not to interprovincial trade. I therefore believe it is also appropriate that those measures be included in the general vote at second reading and, if necessary, at third reading.

Divisions 15 and 16 of part 4 deal with the creation of the college of immigration and citizenship consultants act and make changes to the Immigration and Refugee Protection Act. These measures are contained in clauses 291 to 310 of the bill. Each of these initiatives are explained at pages 184, 185 and 326 of the budget, under the headings of “Enhancing the Integrity of Canada’s Borders and Asylum System” and “Protecting People from Unscrupulous Immigration Consultants”. The provisions identified by the member for Vancouver East concerning these topics were therefore clearly announced in the budget.

The member for Vancouver East argued that the creation of the college of immigration and citizenship consultants act and the changes to the Immigration and Refugee Protection Act should have been introduced as separate pieces of legislation. I do not believe that the Standing Orders allow the Chair, in the context of a budget implementation bill, to determine whether the significance of the proposed measures necessitates separate bills. If the measures are contained in the budget documents, the exemption of Standing Order 69.1(2) applies. As I mentioned in my ruling of November 6, 2018, which can be found at page 23342 of the Debates:

…I believe the purpose of the Standing Order is to allow such a division in relation to those matters which are unrelated to the budget, accepting that the purpose of the remainder of the bill is to implement the budget.

As all of the measures contained in the bill appear to arise out of commitments made in budget 2019, I believe the criteria referenced in Standing Order 69.1(2) have been met and the question will not be divided. Accordingly, there will only be one vote at second reading for this bill.

I thank all hon. members for their attention.

I wish to inform the House that because of the ministerial statements, government orders will be extended by 22 minutes.

Bill C-97—Proposal to Apply Standing Order 69.1Points of Order

April 12th, 2019 / 10:05 a.m.


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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, I rise today to respond to the point of order raised by the hon. member for Vancouver East on April 10, 2019, with respect to the status of Bill C-97, the budget implementation act, 2019, no. 1.

In her statement, my hon. colleague argued that since multiple items were included in Bill C-97, then the bill should be treated as an omnibus bill. Her view was that these measures were unrelated to the budget. In her argument, the hon. opposition member argued that subdivisions B, D, E, F, G, J, K and L of division 9 of part 4, amended different acts; that division 15 of part 4, clauses 292 to 302, created a new act; that division 16 of part 4, clauses 302 to 311, made changes to the Immigration and Refugee Protection Act; and that Bill C-97 was an omnibus bill and as such should be divided for further consideration.

I would argue, Mr. Speaker, that this is not the case. As you know and as the opposition member pointed out in her point of order, Standing Order 69.1(2) states clearly that Standing Order 69.1(1) “shall not apply if the bill has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation.”

Consequently, I would like to point out that subdivisions B, E, F, G, J, K and L of division 9 of part 4 of Bill C-97, which amend different regulatory acts, are all alluded to at page 326 of budget 2019. Next to the subject of “Bringing Innovation to Regulations”, it states:

The Government proposes to introduce legislation to begin its work on an annual modernization bill consisting of legislative amendments to various statutes to help eliminate outdated federal regulations and better keep existing regulations up to date.

The amendments quoted by the honourable member are all part of that effort to modernize existing regulations. As for subdivision D of the aforementioned division, it is even more explicitly referenced at page 119. Next to the subject of “Removing federal barriers to the interprovincial trade of alcohol”, it states:

To facilitate internal trade, the Government intends to remove the federal requirement that alcohol moving from one province to another be sold or consigned to a provincial liquor authority. Provinces and territories would continue to be able to regulate the sale and distribution of alcohol within their boundaries.

Furthermore, division 15 of part 4, clauses 292 to 302 of the BIA, which relates to the creation of the college of immigration and citizenship consultants act, is referred to at pages 184 and 185 of the budget. Under the heading of “Protecting People from Unscrupulous Immigration Consultants”, it states:

To help protect newcomers and applicants wishing to obtain the services of legitimate service providers, Budget 2019 proposes to provide $51.9 million over five years, starting in 2019–20, and $10.1 million per year ongoing. Funding will improve oversight of immigration consultants and strengthen compliance and enforcement measures. It will also support public awareness activities that will help vulnerable newcomers and applicants protect themselves against fraudulent immigration consultants. These measures will help to ensure that all applicants have access to quality immigration and citizenship advice, and that those who are providing the services operate in a professional and ethical manner, with disciplinary powers in place should fraud or misrepresentation occur.

In addition, the Government proposes to introduce legislation and propose amendments to the Immigration and Refugee Protection Act and the Citizenship Act in order to implement these measures.

This is echoed at page 326, next to the subject “Protecting People from Unscrupulous Immigration Consultants”, where it clearly states:

The Government proposes to introduce legislation and propose amendments to the Immigration and Refugee Protection Act and the Citizenship Act in order to implement measures to help protect newcomers and applicants wishing to obtain the services of legitimate service providers.

Finally, part 4, division 16, clauses 302 to 311, which make changes to the Immigration and Refugee Protection Act, are consequent with what is found once again on page 184, under the heading “Enhancing the Integrity of Canada's Borders and Asylum System”. It states:

...Budget 2019 proposes to introduce legislative amendments to the Immigration and Refugee Protection Act to better manage, discourage and prevent irregular migration.

Once again, this is echoed at page 326 of the budget, next to the subject “Enhancing the Integrity of Canada's Borders and Asylum System”, which states:

The Government proposes to introduce legislative amendments to the Immigration and Refugee Protection Act to better manage, discourage and prevent irregular migration.

As such, I believe the measures contained in Bill C-97 were all included in the budget. Consequently, I respectfully submit that Bill C-97 is not an omnibus bill and, as such, should not be split.

Business of the HouseOral Questions

April 11th, 2019 / 3:15 p.m.


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Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will resume debate at second reading of Bill C-97, the budget implementation act, 2019. Tomorrow we will continue with debate on the BIA.

The Monday following our return from the two weeks in our ridings will be an opposition day.

Tuesday we will resume debate at second reading of the budget bill.

I also want to reiterate the comments of the Conservative whip on behalf of the Prime Minister as well as the Government of Canada to all members and to all Canadians who are celebrating. Happy Easter.

Oral QuestionsPoints of OrderOral Questions

April 11th, 2019 / 3:10 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I rise on a point of order.

I move, given that, (a) Canadians expect that changes to our laws should be democratically and rigorously debated in the House of Commons; (b) all parties in the House have spoken against the use of omnibus bills to hide changes in initiatives from scrutiny; (c) the world is experiencing a global refugee crisis; and (d) Lloyd Axworthy is condemning proposed changes contained in the omnibus budget bill to the asylum system, while Faith Goldy is cheering them on, that in the opinion of the House, (a) Canada is at serious risk of being on the wrong side of history and (b) the government must immediately withdraw division 16 of part 4 of Bill C-97 and table it as a stand-alone piece of legislation to ensure that Canada continues to live up to its obligations under international law.

Bill C-97—Proposal to Apply Standing Order 69.1Points of OrderRoutine Proceedings

April 10th, 2019 / 3:55 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I attempted to catch your eye to respond to the earlier question of privilege raised by the hon. member for Chilliwack—Hope. I also would like to put on notice that I will make representations on that motion later.

At this moment, I want to support the motion we have just heard related to Bill C-97 and its status as an omnibus bill. I am still working my way through it, but it is very clear that this meets the definition of an omnibus bill. I regret so much that it has now become common to hear the words “omnibus budget bill” strung together. I did not think we would be seeing this in this Parliament. I believed the Liberal commitments to end the use of omnibus budget bills, but this one does contain sections that are quite disturbing.

As I went through the budget, it was very clear that 35 separate measures within the budget required legislative changes, so it was very clear to me that we were going to see legislative changes for things like changing the interest rates for student loans and getting action on items that we think are appropriate and long overdue. However, bundled up in all of those measures are things like division 16 of part 4 with amendments to the Immigration and Refugee Protection Act that are deeply disturbing, unacceptable and should never be bundled together in an omnibus fashion in a budget bill.

I will not go on at length, although I could because this is really outrageous. I do hope that we can at least split apart these sections so that the immigration committee studies this division. Otherwise, it is very clear what happens in an omnibus budget bill. Most of it will never get properly studied because it is only before the Standing Committee on Finance. It is not that there is anything wrong or delinquent or inadequate about the finance committee, but it is not the proper place to study substantial changes to other areas of law where the expertise resides with the committee, which is a standing committee, on that issue.

Mr. Speaker, in the strongest possible terms, I urge you to find this bill as omnibus and allow us to split out those sections that require proper and thorough study.

Bill C-97—Proposal to Apply Standing Order 69.1Points of OrderRoutine Proceedings

April 10th, 2019 / 3:50 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I rise on a point of order. I believe that Bill C-97 is an omnibus bill as defined under Standing Order 69.1.

My NDP colleagues and I are deeply concerned at the current government's reliance on omnibus bills to ram its priorities through in this place and to attempt to conceal measures from Canadians. We firmly believe that this practice is inherently undemocratic. Therefore, we request that you intervene.

Standing Order 69.1 states:

(1) In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage.

Page 730 of the third edition of House of Commons Procedure and Practice states:

In general, an omnibus bill seeks to amend, repeal or enact several Acts, and is characterized by the fact that it is made up of a number of related but separate initiatives.

To render an omnibus bill intelligible for parliamentary purposes, the Speakers have previously ruled that such a bill should have “one basic principle or purpose which ties together all the proposed enactments”.

Given this definition, it is plainly obvious to me that Bill C-97, with over 350 pages and several stand-alone pieces of legislation, is an omnibus bill. I strongly believe that Canadians at home would agree. I would imagine they would also like us, as their representatives in this place, to properly study and debate these separate pieces of legislation as such.

However, it is clear that the Liberals are once again using the loophole they added to the Standing Orders to include many unrelated measures. That would be Standing Order 69.1(2), which states:

The present Standing Order shall not apply if the bill has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation.

While we have had limited time to sort through this mess of a budget implementation act, we have already found several provisions contained in Bill C-97 that were not announced on March 19.

First, subdivision B of division 9 of part 4 amends the Electricity and Gas Inspection Act. Second, subdivision D of division 9 of part 4 amends the Importation of Intoxicating Liquors Act. Third, subdivision E of division 9 of part 4 amends the Precious Metals Making Act. Fourth, subdivision F of division 9 of part 4 amends the Textile Labelling Act. Fifth, subdivision G of division 9 of part 4 amends the Weights and Measures Act. Sixth, subdivision J of division 9 of part 4 amends the Pest Control Products Act. Seventh, subdivision K of division 9 of part 4 repeals provisions of the Quarantine Act. Eighth, subdivision L of division 9 of part 4 repeals provisions of the Human Pathogens and Toxins Act.

Additionally, I am simply disheartened by the Liberal government's attempt to hide within the budget bill implementation act two pieces of stand-alone legislation that will significantly transform the Canadian immigration system.

First, in part 4, division 15, sections 292 to 302 would create the college of immigration and citizenship consultants act. As you know, this issue was studied by the Standing Committee on Citizenship and Immigration, which produced the only unanimously supported report in that committee of this Parliament. It called for urgent action and was concurred in on December 4, 2017, in this House.

The government response to that study was presented to the House in October 2017, wherein the minister stated, “The Government expects to be able to provide more information on the way forward next year.” The minister missed his own self-imposed deadline and is now forced to hide these changes within the budget implementation act. Given the significance of this stand-alone piece of legislation, my colleagues and I strongly believe that this 45-page act must be separated out of Bill C-97 so it can be debated, studied, amended and voted on as the separate legislation that it is.

Second, and even more alarming, is the Liberal government's attempt to hide its efforts to shut down the Canadian border to asylum seekers in the midst of a global refugee crisis. In part 4, division 16, clauses 302 to 311 would make dramatic changes to the Immigration and Refugee Protection Act. These changes would render ineligible potentially thousands of individuals seeking asylum from even having their claims heard by the Immigration and Refugee Board.

There is an ongoing court case challenging the constitutionality of the safe third country agreement and it appears that the government is looking to legislate around this lawsuit, expanding the agreement to include countries that Canada has an information sharing agreement with and codifying it into the Immigration and Refugee Protection Act.

I will quote a refugee lawyer who has contacted me already on these changes. He stated, “The substance here is disappointing, but the fact that such significant change is being introduced this way, without consultation, without notice, is what's even worse. At least Harper and Jason Kenney (and this is something straight out of their kitchen) would have had the courage to stand behind this.”

This would be a grave injustice to some of the most vulnerable groups in the world and an abdication of our duty under international law to simply slide this legislation through in Bill C-97. We, as parliamentarians, have a duty to separate out this piece of legislation from Bill C-97 so that its impacts can be truly examined and debated in this place. We must have the opportunity to debate in this place whether this is truly a direction the Canadian government wants to take.

By throwing in elements that were not announced in the budget presentation and by hiding significant stand-alone legislation that would have far-reaching impacts on Canada's immigration system, I submit that the bill meets the standards set out in the Standing Orders to be treated as an omnibus bill.