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 was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Bill Morneau  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 implements certain income tax and related measures by
(a) 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 the Library of 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

Extension of Sitting HoursGovernment Orders

May 28th, 2019 / 7:45 p.m.
See context

Liberal

Linda Lapointe Liberal Rivière-des-Mille-Îles, QC

Mr. Speaker, I am very pleased to speak this evening. I am always proud to speak on behalf of my constituents in Rivière-des-Mille-Îles, whom I am proud to represent.

I would like to tell my colleagues who are here this evening that I am proud to represent Rivière-des-Mille-Îles and also Deux-Montagnes, Saint-Eustache, Boisbriand and Rosemère. We have been dealing with flooding again this year, but we are working hard for our fellow citizens.

Today I am debating Motion No. 30, which is very important. This motion is about how the House will operate from now until we adjourn for the summer. This is important because it will allow us to make progress on files that are important to Canadians, including the people of Rivière-des-Mille-Îles. These issues are the reason Canadians elected us.

Motion No. 30 will enable the House to act on the excellent work our committees have already done. I want to emphasize that this work is not carried out solely by committee members from this side of the House. This work is carried out by all parties and all individuals on committees so that proposed legislation can come back to the House and be voted on before we rise for the summer. This is very important.

There has been a lot of talk during today's debate about how the government's legislative measures have reflected only what the government wanted to do. My participation in committee activities and the work I have been able to accomplish there have taught me that, most of the time, committee members work well together. They collaborate, they set partisanship aside to some degree and, more often than not, they are able to compromise. At least, that was the case in the committees I belonged to.

I had the opportunity to sit on the Standing Committee on International Trade for two and a half years. We always agreed with members from across the aisle on free trade agreements, whether with Europe or Asia or NAFTA 2.0, on which we worked very hard. There is only one party we never agree with when it comes to such deals.

I was also a member of the Standing Committee on Official Languages for two and a half years. It is a non-partisan committee whose goal is to ensure that official language minority communities are properly represented. I can assure the House that there was no partisanship. In my new role as deputy whip, I am now a member of the Standing Committee on Procedure and House Affairs, where there is a little more partisanship. Let us speak plainly.

If we do not adopt this motion, if we do not extend the sitting hours of the House, we will end up in a situation where all the work we have done will basically be lost before the fall election. That is why it is so important that we adopt Motion No. 30.

I want to highlight some of the important work done by the committees. I want to point out that during the 2015 election, the Liberal Party, of which I am a proud member, promised to strengthen parliamentary committees. We promised to have more respect for the fundamental role that parliamentarians play on committees in order to hold the government to account.

That commitment, included in the mandate letter of the Leader of the Government in the House of Commons, means that parliamentary committees are freer and better equipped to study legislation. Among the many changes that were made, committee chairs are now freely elected by the committee members. They are not appointed by the government. Voting is now done by secret ballot to allow members to vote freely for their selection for chair.

Now parliamentary secretaries also sit on committees, but as non-voting members. They can contribute to the discussions if necessary. They are present, enabling them to stay abreast of the committee's work. Since they do not have the right to vote, no one can accuse cabinet of interfering in the work of the committees. The standing orders that made these changes official were passed in June 2017. I believe, and I think most members would agree, that committees can now act more openly, more transparently and more freely.

I would like to briefly go over some of the major bills currently before Parliament that might not be voted on and passed by the end of the session if this motion is not adopted.

I will start with Bill C-92, an act respecting first nations, Inuit and Métis children, youth and families. This bill sets out the legislative framework and the principles needed to guide work among first nations, Inuit and Métis nations, provincial and territorial partners, and the Government of Canada to achieve truly meaningful reform in child and family services.

The purpose of this bill is twofold. First, it affirms the rights and jurisdiction of indigenous peoples in relation to child and family services. Second, it sets out principles applicable, on a national level, to the provision of child and family services in relation to indigenous children, such as the best interests of the child, cultural continuity and substantive equality.

Bill C-92 is a milestone piece of legislation that would have significant impacts on the lives of indigenous youth, their families and their communities. It is an important step in advancing meaningful reconciliation and in implementing the vital recommendations of the Truth and Reconciliation Commission.

The second example that I would like to give is, in my opinion, the most important bill for Canadians, and that is Bill C-97, budget implementation act, 2019, no. 1. This bill will affect Canadians across the country. It seeks to respond to Canadians' most pressing needs. For example, buying a house or condo is probably the most important investment most Canadians will make in their lifetimes. However, many Canadians are not able to enter the market. That is why, through budget 2019 and with Bill C-97, the government will build on Canada's national housing strategy and take action to improve the affordability of housing, especially for first-time homebuyers.

Our government also wants to make sure that Canada's seniors have more money in their pockets when they retire. That is why, with Bill C-97, the government is proposing to enhance the guaranteed income supplement earnings exemption by providing a full or partial exemption on up to $15,000 and extending it to self-employment income.

This proposal was very well received by seniors in my riding. We have a labour shortage and we have seniors with incredible expertise. If seniors are able to work one day a week because of this measure, so much the better. Our society as a whole will reap the benefits. These seniors will pass on their knowledge to everyone around them and will have the opportunity to work if they so desire. It is a way for them to meet people, network and maintain friendships.

This is a very important measure for me. It will put more money in the pockets of eligible seniors who work. I want to reiterate that this measure was very well received by seniors in Rivière-des-Mille-Îles.

Another measure concerns electric vehicles. We want to electrify transportation. The $5,000 federal subsidy has made a huge difference in my riding. The Quebec government already gives an $8,000 subsidy, and when you add the $5,000 from the federal government, it is incredible. That will considerably reduce greenhouse gas emissions.

All of that can be found in Bill C-97. It is absolutely crucial that we pass Motion No. 30 today so we have enough time to pass all this fantastic legislation. It is worth reiterating that this budget implementation bill is entirely consistent with the current government's agenda, which differs significantly from the previous government's agenda. We are steering Canada in a direction that will truly reduce inequality. We always talk about the middle class, but we have created one million jobs and have lifted 300,000 children out of poverty, not to mention the adults. We are the ones who have reduced inequality. We have the strongest economy, and the unemployment rate is at its lowest in over 40 years.

The previous government had very little interest in this important societal objective, namely reducing inequality in this country. On the contrary, during the Harper decade, inequality in Canada actually increased. The two examples of bills to be implemented, and also of budget items, will help us go even further.

These are two bills among others that we would like to pass before adjourning. For all these reasons, it is truly important that we pass the motion now to let us sit longer and ensure that we complete the work entrusted to us by Canadians.

I would also like to take a few minutes to speak about the amendments to the motion that were moved yesterday. I know that there has been a lot of discussion about the amount of time spent on government business compared to that spent on opposition motions and days. This is not about who gets what; the goal is to ensure that we can place more items on the agenda. That is why it is important to ensure that we sit longer into the evenings so we can do more.

The items I am talking about are the ones that all members from all parties in the House collaborated on in committee. This is why I personally cannot support the amendment. I do not think the amendment is particularly positive, because it does not address what we need to do, which is to examine more bills. Instead, it would proportionally increase the time available to each political party, which unfortunately reflects the partisan nature of this debate.

May 28th, 2019 / 10:05 a.m.
See context

Liberal

The Chair Liberal Wayne Easter

You want it on recycled paper. That wasn't in the motion. It's too late for that. I'm sorry, Pierre.

In any event, thank you, everyone, for your hard work on this bill. We are done ahead of deadline.

Thank you to the witnesses for appearing.

On Thursday, we have the Canada Pension Plan Investment Board from 11 until 12. That will be televised. From 12 to 1 we will deal with committee business in camera.

With that, the meeting is adjourned. Thank you all for your hard work on Bill C-97.

May 28th, 2019 / 9:15 a.m.
See context

Liberal

The Chair Liberal Wayne Easter

I'll read the letter so that it's on the record:

On behalf of the Standing Committee on Indigenous and Northern Affairs, I would like to thank you for your letter of April 9, 2019, inviting our Committee to consider the subject matter of Part 4, Division 25, Subdivisions A, B, C and D (Clauses 336 to 386) of Bill C-97....

They go through the name of the act. It continues:

On Thursday, April 11, 2019, the Committee agreed to undertake a study of the subject matter of Clauses 336 to 386 of the Bill. On Tuesday, May 14, 2019, the Committee heard from senior officials of Crown-Indigenous Relations and Northern Affairs Canada, of Indigenous Services Canada, and of Justice Canada. Following this testimony, the Committee met today and considered recommended amendments to the Bill.

Today, after hearing from the witnesses and considering the provisions contained in Clauses 336 to 386 of the Bill, our Committee has agreed to the appended motion.

Thank you for the invitation to contribute to your deliberations. I wish you a productive discussion....

There is a motion attached, as follows:

Motion adopted by the Standing Committee on Indigenous and Northern Affairs on Thursday, May 16, 2019....

1) Based on testimony we heard at our Committee, we are satisfied that the legislation, as currently drafted, achieves its intended purpose; however, we encourage the government as they move forward to ensure that they are proceeding with their work on a distinctions basis.

2) We believe that the these new departments are already better serving the distinct needs of First Nations, Inuit and Métis, based on recognition and implementation of rights, respect, cooperation, and partnership and will continue improving the delivery of services, while supporting acceleration of Indigenous Peoples’ visions of self-determination. This legislation will, however, bring further clarity to our Indigenous partners regarding which of the new departments are now responsible for specific issues and programs.

3) We encourage the department to have a robust communications plan in place to inform both Indigenous peoples in Canada and officials working within the two departments of Indigenous Services and Crown-Indigenous Relations and Northern Affairs on the changes that will be enacted by this legislation.

That's it. There are really no recommended amendments, just those suggestions.

May 28th, 2019 / 9:05 a.m.
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Liberal

Mike Bossio Liberal Hastings—Lennox and Addington, ON

As much as I personally agree with gender neutrality, the adoption of gender neutrality in federal legislation consists of a broader discussion that needs to take place outside of the conversation with regard to this bill. At this stage, modifying the bill, as suggested, would require a great amount of time which would lead to the bill not receiving royal assent before the House rises. The proposed approach is consistent with other recent bills, such as Bill C-97, which creates the departments of ISC and CIRNAC, as well as other bills. On this particular amendment, more work needs to be done outside the scope of the bill itself.

May 28th, 2019 / 8:50 a.m.
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Liberal

The Chair Liberal Wayne Easter

I'll call the meeting to order. As everyone knows, we're still doing Bill C-97 and our continuation of clause-by-clause. We ended yesterday by finishing up with division 20.

We'll start with division 21. We have a witness here from Veterans Affairs. Faith McIntyre is the Acting Assistant Deputy Minister of Strategic Policy with VAC. This relates to the Veterans Well-being Act.

If there are any questions on division 21 in clauses 318 to 322, we're open to that. I see none and there are no amendments in this section. Are we in agreement to carry clauses 318 to 322 on division?

(Clauses 318 to 322 inclusive agreed to on division)

You get off easy, Faith.

(On clause 323)

Starting with division 22, we have witnesses here from ESDC: Milena Gulia, Director of Policy and Research, Canada Student Loans Program; and Rachel Torrie, Senior Analyst, Canada Student Loans Program.

If there are any questions for officials, we're open to that.

May 27th, 2019 / 5:55 p.m.
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Liberal

The Chair Liberal Wayne Easter

There was good discussion.

(Amendment negatived [See Minutes of Proceedings])

NDP-23 is inadmissible as it requires a royal recommendation. I will go through the reasons, Mr. Dusseault.

Clause 315 of Bill C-97 proposes the poverty reduction act. Amendment NDP-23 seeks to increase the maximum number of members on the national advisory council on poverty.

House of Commons Procedure and Practice, third edition, states on page 772:

Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.

In the opinion of the chair, increasing the maximum number of members on the national advisory council on poverty would impose a charge on the public treasury and alter the terms and conditions of the royal recommendation. Therefore, I rule the amendment inadmissible.

Turning to PV-6, it's deemed moved. Are there any comments?

Ms. Bendayan.

May 27th, 2019 / 5:35 p.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Chair, I thank my colleague for speaking to poverty reduction in Canada. We know we're well ahead in reducing poverty and we're well ahead in all measures that we've laid out, which is great to see. It's great to see again that it's put into legislation via the BIA, Bill C-97.

With regard to the member's amendment, the proposed poverty reduction act already commits to reviewing Canada's official poverty line on a regular basis as determined by Statistics Canada. Statistics Canada, at the end of February, pointed out that we have reduced poverty by 825,000 individuals since we were elected. Statistics Canada is obviously now well funded after the cuts from the prior government and is well placed to determine when a comprehensive review must be launched. Statistics Canada launched a comprehensive review in 2018 in addition to the comprehensive reviews and new updates related to the changing prices of goods and services in the basket. The basket will be undertaken by Statistics Canada.

Thank you, Chair.

(Amendment negatived [See Minutes of Proceedings])

May 27th, 2019 / 5:20 p.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Chair, I thank my colleague, Mr. Dusseault, again, for speaking to poverty, and to the national poverty reduction act, which is now in this BIA legislation, Bill C-97.

The amendment that he has brought forward is not consistent with the existing language within the bill. The existing language states that poverty is the condition of a person who is deprived of the resources, means, choices and power necessary to acquire and maintain a basic level of living standard to facilitate integration and participation in society.

The proposed amendment is incompatible with the existing version.

For that reason, I will be not be supporting Mr. Dusseault's amendment.

Thank you, Chair.

(Amendment negatived [See Minutes of Proceedings])

May 27th, 2019 / 4:45 p.m.
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Liberal

The Chair Liberal Wayne Easter

We are ready for the question on LIB-10.

(Amendment agreed to [See Minutes of Proceedings])

As I said, NDP-10 cannot be moved due to the line conflict.

NDP-11 is inadmissible because it's beyond the scope of the bill. Clause 313 of Bill C-97 proposes the national housing strategy act. Amendment NDP-11 brings several modifications to the strategy. House of Commons Procedure and Practice, third edition, states on page 770:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

In the opinion of the chair, NDP-11 seeks to provide the federal housing advocate with new duties and functions and to introduce new concepts that are beyond the scope of the bill. Therefore, I rule the amendment inadmissible.

On NDP-12, Mr. Dusseault, go ahead.

May 27th, 2019 / 4:35 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Thank you, Mr. Chair.

We are on page 283 of the bill, which concerns the part to enact the National Housing Strategy Act. These amendments were inspired by the testimony we have heard. Many witnesses provided very convincing testimony before the committee. They highlighted the importance of recognizing housing as a fundament right. They argued that the proposed legislation, the National Housing Strategy Act, does not create a legislative framework that makes it possible to recognize housing as a right.

The Liberal government says that it wants to recognize housing as a right, but it is clear, as our witnesses have pointed out, that this is not what the legislation proposed in Bill C-97 does. The declaration simply states that the legislation recognizes the importance of housing to the inherent dignity and well-being of the person, that we must develop and maintain a national housing strategy to support improved housing outcomes, and that we must further the progressive realization of the right to housing.

Those are very vague terms that do not recognize that housing is a right in Canada. I'm here talking about law in Canada, but it should be pointed out that this right is recognized in international law in a number of conventions.

That is why I am proposing today the following amendment to subsection (a) of section 4 of the declaration:

(a) recognize that housing is a fundamental human right that is essential to the inherent dignity and well-being of the person and to the development of sustainable and inclusive communities;

These terms are inspired by the recommendations made by witnesses. I also propose the addition of subsection (d), following subsections (a), (b) and (c) of the same section, which reads as follows:

(d) identify the particular needs and rights of Indigenous Peoples and the barriers that prevent them from meeting those needs and exercising those rights and, consistent with the United Nations Declaration on the Rights of Indigenous Peoples, co-develop strategies with Indigenous organizations to address those barriers and to enable Indigenous peoples to meet their needs and exercise their rights.

It is a matter of enshrining United Nations Declaration on the Rights of Indigenous Peoples in the proposed legislation on housing. Those rights must be recognized and protected as often as possible. So this is about integrating that aspect, which was omitted by the government.

My other proposal concerns the content of the strategy, which is covered on the next page of the bill. The amendment reads as follows:

(a) implement the housing policy, taking a human rights-based approach;

That follows up on what I was saying earlier—that we must recognize housing as a right and implement policies based on the fact that it is a right. To ensure the monitoring of results, I propose that lines 8 to 10 on page 284 be replaced with the following passage:

tives, timelines and desired outcomes consistent with the housing policy;

A bit further on, I also propose that subsection (e) be added to the content of the strategy:

(e) provide public education resources and support for community initiatives designed to advance the right to housing;

I also propose adding subsection (f):

(f) support the implementation of the United Nations Declaration on the Rights of Indigenous Peoples with regard to housing.

These are my preliminary amendments, if you will, that affect the content of the strategy. Their goal is to recognize, in the bill's declaration, that housing is a right, to include rights related to the United Nations Declaration on the Rights of Indigenous Peoples and to strengthen the mandate, the content of the strategy.

May 27th, 2019 / 4:20 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Chair, I would urge the members of this committee to undertake to read the witnesses' testimony from the immigration committee. In fact, witnesses were quite clear—people who work directly with refugees—in outlining the kinds of risks they would be exposed to. In fact, at CIMM, the Liberal members were desperate to ask the witnesses how to fix this and what their proposed fix was, given the fears that were highlighted at the committee. They said explicitly that there was no fix, that you cannot fix this situation, and that the recourse for the government to undertake was in fact to withdraw the proposed legislation hidden in Bill C-97.

The immigration committee also heard witnesses, by the way, from the United States who work particularly with women from the Americas. They talked about the violence and severe risks they and their children face. They urged the government to take action in this regard and said very clearly that this legislation would not address the concerns that people had brought forward.

There's the idea that somehow there's going to be a hearing incorporated into this. How this hearing will be dealt with and in what format is not explained anywhere. There's another issue which is critical, and you would think the government would want to move forward on this, which is to address a recent report by the Auditor General which talks about the ineffectiveness of the government's operation, the duplication of effort and the waste of taxpayers' money in this effort.

What are we doing here? We're talking about setting up a parallel system, supposedly, although the legislation doesn't say that. We have no idea what the system is other than that there would be some sort of hearing. I suspect that all the government is trying to do is to say, “Look, it's all going to be okay. There's going to be a hearing, and by the way, we're not infringing on the Supreme Court decision in Singh v. Canada because there will be a hearing.”

On the issue around taxpayers' resources, what on earth is the government thinking by setting up another process, duplicating the process, even if you pretend for a minute that the process is going to be exactly the same as the IRB, that people would not be at risk, and they would be entitled to all the due processes they would require? What on earth is the government doing setting up another process? They'll have to set up the same kind of infrastructure, hire and train the same kind of people to do the same work when you already have the infrastructure in place. It makes zero sense whatsoever.

May 27th, 2019 / 3:55 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Thank you very much, Mr. Chair.

Thank you to the committee members for indulging me.

I'm speaking to the amendment. In fact, I'm speaking to the entire section pertaining to the asylum seeker changes proposed under Bill C-97. The New Democrats feel very strongly that we should not be supporting these provisions and that these provisions should be struck from this bill.

At the immigration committee, all the witnesses were very clear in saying that the government should not be proceeding with this measure. We've received over 2,000 emails from Canadians calling on the government to stand down these provisions. This amendment, Mr. Chair, does not fix the problem. Witnesses were clear to say there is no fix to this.

Effectively, the government is proceeding to endanger the lives of asylum seekers. We had expert witness upon expert witness who came forward to state that. Amnesty International was very clear to say that there is no fix. The Canadian refugee lawyers' association also said there is no fix.

As far as creating a hearing goes, according to the amendment there is not even a requirement for an oral hearing, so what was being suggested by way of an explanation is not accurate in that regard.

The idea that creating hearings would somehow fix this problem is erroneous at best, Mr. Chair. As we know, the IRB already exists; there's already an independent process, a well-respected process. The witnesses said that this process is the proper process asylum seekers should go through to determine whether or not they are eligible to be a refugee and are able to seek asylum here in Canada.

Setting up a separate set of hearings with some other entity that is not prescribed in the legislation would be duplicating our efforts. Frankly, we just had an Auditor General's report that said that the government is inefficient in its work, that it is duplicating its effort and not achieving the results we hope to achieve, so why are we creating a separate process that asylum seekers would have to go through, while also costing taxpayers money? Why are we setting up a new infrastructure to do this work? The IRB is already very capable of doing this work.

The attempt to somehow say we can fix this draconian piece of legislation by saying we're going to require hearings is deficient.

Mr. Chair, you're aware from the NDP members on the immigration committee that I sent a letter to you, Mr. Chair, to be shared with all the committee members, urging committee members to strike down these provisions. At the very minimum, Mr. Chair, these provisions ought to be a stand-alone bill for full debate in the House of Commons. We heard witnesses throughout the process calling for the government to strike down these provisions and withdraw them.

May 27th, 2019 / 3:45 p.m.
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Liberal

The Chair Liberal Wayne Easter

Okay. It's your choice.

Clause 302 of Bill C-97 amends the Immigration and Refugee Protection Act. The amendment CPC-13 seeks to amend the Immigration and Refugee Protection Regulations. As House of Commons Procedure and Practice, third edition, states on page 771:

...an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.

Since the Immigration and Refugee Protection Regulations are not being amended by Bill C-97, it is therefore the opinion of the chair that the amendment is inadmissible.

It is inadmissible, so shall clause 302 carry on a recorded vote?

May 27th, 2019 / 3:40 p.m.
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Liberal

The Chair Liberal Wayne Easter

Okay. I'll explain it all.

Clause 301 of Bill C-97 amends the Immigration and Refugee Protection Act. Amendment CPC-12 seeks to amend the Immigration and Refugee Protection Regulations, not the act.

As House and Commons Procedure and Practice, third edition, states on page 771,

...an amendment is inadmissible if it proposes to amend a statute that is not before the committee or a section of the parent Act, unless the latter is specifically amended by a clause of the bill.

Since the Immigration and Refugee Protection Regulations are not being amended by Bill C-97, it is therefore the opinion of the chair that the amendment is inadmissible.

Shall clause 301 carry?

You want a recorded vote.

(Clause 301 agreed to: yeas 5; nays 4 [See Minutes of Proceedings])

(On clause 302)

On clause 302, we have amendment CPC-13.

Tom, the floor is yours.

May 27th, 2019 / 12:50 p.m.
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Liberal

The Chair Liberal Wayne Easter

It's open for discussion.

For your information, we had farmed out this section of the budget implementation act to the Standing Committee on Public Safety and National Security. They reported back. They basically said that they recommend that the Standing Committee on Finance consider amending division 10 of Bill C-97 with four recommendations. I think that letter went out to all members.

Go ahead, Mr. Sorbara.