Canada–Madagascar Tax Convention Implementation Act, 2018

An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income

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

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.

This enactment implements the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and a related protocol.
The convention is generally patterned on the Model Tax Convention on Income and on Capital developed by the Organisation for Economic Co-operation and Development (OECD).
The convention has two main objectives: the avoidance of double taxation and the prevention of fiscal evasion. Once implemented, it will provide relief from taxation rules set out in, or related to, the Income Tax Act. That implementation requires the enactment of this Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:10 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, first, the member said the current Liberal government and its caucus are working for everyday Canadians. Media reports show that the Liberals' caucus meeting yesterday was consumed not by the wish to work for everyday Canadians but to protect the Liberal Party. The cabinet meeting on Tuesday was all about the issue surrounding the former attorney general and the Prime Minister's role and the staff of the Prime Minister's Office in regard to potential interference in an independent prosecutor case. That is what the Liberal Party was up to this week, full stop.

Second, as I said, I support building that certainty and opportunity, but the current government continues to allow these things to erode. If we do not have the rule of law, what worth is this paper?

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:10 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I would like to thank my colleague for his speech and the work he does on financial and tax matters on the Standing Committee on Finance.

He is familiar with our tax treaties. To return to Bill S-6, I was wondering whether my colleague shares the NDP’s concerns that tax treaties can be abused over time, and that they can become a means of avoiding and ultimately evading taxes.

Does my colleague share these concerns about the treaties? Does he think that, as a country, we should not be blindly signing treaties with other countries? We have 93 or 94 such treaties now. Does he agree that we should not be blinded by these treaties but that we should do our due diligence to make sure that, over time, they do not end up facilitating tax evasion and abusive tax avoidance?

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:10 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, I certainly appreciate the member's work on the finance committee. In fact, he and I could probably find some agreement that there are certain things that should be done as independent bills. Regarding the case that was raised on the deferred prosecution agreements that went to the finance committee rather than the justice committee, I hope we would agree that is definitely not the proper case and we should not have a blind sign-off, as the current Liberal government expected parliamentarians to do. To be fair, Liberal members made sure that piece of legislation went through.

I go back to my original statement. Many of these date back before I was born. Tax treaties create certainty. If there are issues with them, this is the place to raise them. Unfortunately, I find that the New Democrats continue to be alarmist without actually bringing details. For example, the member said we should not be blindly doing it. The piece of legislation is right in front of us. These have been well used. In fact, there was the recent profit sharing and base erosion bill that the government brought forward here.

If the member has specific concerns, the finance committee and this place are the exact locations to raise them. However, they cannot just raise blind accusations and expect to have anything other than derision, confusion or a lack of action about their concerns.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:10 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, today we are debating a bill called an act to implement the convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

For those who might not be aware of the process on how the legislative calendar is set in the House of Commons, it is important that people who are watching this debate understand that the government House leader found it proper and a great use of time to prioritize this piece of legislation in the House today.

My objection to the bill is an objection to the fact that it has been prioritized. This particular bill, a tax avoidance with Madagascar bill, has been prioritized for debate in the House of Commons today, when, arguably, the House is on fire. This is kind of like a “the House is on fire and the government is choosing to water the rosebushes outside” situation.

Let us recap the week. We are debating the implementation of the convention between Canada and the Republic of Madagascar for the avoidance of double taxation, after a convoy of trucks of out-of-work western Canadian energy sector workers had to drive to Ottawa to talk about the fact that we do not have a pipeline built, after the Prime Minister spent billions of dollars buying something that the private sector was going to build but then decided not to after he put in place legislation that has completely bankrupted the investment climate in Canada.

Maybe we could be debating that. Maybe we could be talking about getting energy sector workers back to work or the ridiculously poor investment climate for energy investment in Canada. That sounds important. However, I do not think the Prime Minister wanted to meet with any of those people. What we are talking about today is the Canada-Madagascar avoidance of double taxation bill. That seems about on par in terms of importance.

We could talk about the fact that we just found out this week that for refugee claims, after the Prime Minister has allowed 40,000 people to illegally cross the border from upstate New York, the haven of persecution that is upstate New York, to claim asylum in Canada, the wait times to hear whether or not their claims are valid, and they are coming from upstate New York, has ballooned past two years and is on track to be five years.

The government has spent over $1 billion to give hotel rooms and social welfare payments to people from upstate New York. Maybe we could talk about that. No, what we have here today is the convention between Canada and the Republic of Madagascar for the avoidance of double taxation. What?

Okay, those are two things we could have talked about. I am happy to talk about those things. I think they are important. They are certainly important to my constituents. One thing my constituents have not emailed or called me about, and I have not heard about at the door in any of the ridings I have door-knocked in, is the convention between Canada and the Republic of Madagascar for the avoidance of double taxation.

I could be surprised. Maybe this is a burning issue in a riding that went from a single-digit national rate of unemployment to one of the highest unemployment rates in the country because of the government's failed policies that have been punitive to the energy sector. My constituents phone me about the fact that they might have to move out of Alberta, that their houses are up foreclosure and they are out of credit card room, and they ask me to do something about their jobs. No, maybe my constituents want me to talk about the convention between Canada and the Republic of Madagascar for the avoidance of double taxation. Come on, what is going on in this place?

Seriously, how could this even make the legislative agenda, given the government tabled a eight-billion-page omnibus budget bill where it conveniently snuck in the deferred prosecution agreement? Maybe we should have debated that at the justice committee but the government stuck that in there.

However, we have to have a whole day of debate on the convention between Canada and the Republic of Madagascar for the avoidance of double taxation. Why would the government want to spend a whole day of debate on—

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:15 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I rise on a point of order. I question the relevance of the member's speech. The only reference to the bill has been the member reading its title.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:15 p.m.
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An hon. member

That's true.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:20 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I will let the hon. member for Calgary Nose Hill continue. Actually, based on what I have heard today, she is probably the most relevant of anyone who has spoken.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:20 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, I understand my colleague opposite, because lately the Liberals have been doing their very best to silence strong women that do not agree with their position. I will not stand for that, so I am quite pleased to continue my speech on the fact that the government, while our border is not secure and Alberta energy sector workers have no jobs, has prioritized the convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion.

The government tabled an omnibus budget bill that contained virtually every topic under the sun, including a deferred prosecution agreement that is now the subject of a major scandal in the Prime Minister's Office, but today we are going to spend a whole day of debate talking about the Canada and Republic of Madagascar avoidance for double taxation bill.

Perhaps we could have talked today about the fact that Canada still has ridiculously punitive tariffs on it from the United States of America. I would have loved to talk about some sort of government response or legislative framework or strategy to deal with these tariffs that the government has done nothing about, which are damaging the Canadian economy. Auto sector workers and union workers across the country are saying maybe the government could do something about that. We could have talked about that but, no, we are talking about the convention between Canada and the Republic of Madagascar for the avoidance of double taxation.

We sure as heck are not talking about the fact that the Prime Minister is embroiled in an alleged scandal where he allegedly exerted political influence to influence the outcome of a criminal corruption case involving allegations of bribery of a Libyan official. Maybe we could talk about that.

Maybe we could talk about the fact that the Clerk of the Privy Council is at the justice committee right now giving the most partisan political speech I have ever heard out of a public servant in my life as an attempt to deflect—

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:20 p.m.
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An hon. member

That is because you don't like what he is saying.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:20 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Maybe we could talk about that, Mr. Speaker.

We could have had a public inquiry. We could have had a whole day of discussion dealing with the fact that there are serious allegations of obstruction of justice, of interference in our judicial system in Canada. We could have talked about that. No, we are talking about the convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion. Come on. What are the government's priorities? Canadians are watching this. Investors, workers, everyone is looking at our country now and asking, “Who is in charge? What is going on?”

The Liberal government needs to get its act together. The government needs to start putting some stuff forward that will actually benefit Canada and get us out of the mess that it has created, but instead we are talking about the convention between Canada and the Republic of Madagascar on the avoidance of double taxation. I am tired of this. This is a joke.

At this point in time, the government needs to go. Nothing is getting done because it is so busy trying to figure out how to avoid public prosecution and public inquiries. How many ongoing inquiries are there involving cabinet ministers now? We had the “clam scam”. We had all of the stuff happening with the Norman case. There was the Aga Khan island incident.

Madagascar has a special place in many Canadians' hearts for being a lovely country. There is a lovely film about it. In that spirit I would like to move the following amendment because “I like to move it, move it”. I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill S-6, An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, be not now read a second time but that the Order be discharged, the Bill withdrawn and the subject matter thereof referred to the Standing Committee on Finance.”

Let us get this act together and get some accountability from the government.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:25 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

The amendment is in order.

Questions and comments, the hon. member for Winnipeg North.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I am somewhat inspired by my colleague across the way. She asked why we are debating this. Why do we not get rid of this? That is what she spent nine and a half of her 10 minutes talking about.

I think it is important that I let her know what her caucus colleagues are doing. The Conservative Party supports the legislation. It has been very clear. In fact, the origins of the legislation go back to the former Conservative government. The Conservatives are supporting it, yet speaker after speaker is continuing the debate.

I highly recommend that my friend across the way talk to her colleagues. It is a pretty straightforward piece of legislation. The Conservatives support it. I agree with her that we should not be talking about it right now. It is something that should be passed.

We stopped putting up speakers after our first speaker had spoken about it. I do not think even the NDP or the Green Party are putting up speakers. It is the Conservative Party that wants to hold up this legislation. Would my colleague not agree? I will join her in asking her Conservative colleagues to stop speaking and allow this vote. I support her initiative. I wonder if she agrees with me and will appeal to her colleagues. Please, please let us move on to a different agenda item.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:25 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, despite my colleague's pleading and begging us to be silent, the Conservative Party of Canada will always stand up for Canadians. It will always stand up for people's right to lower taxes and smaller government and against the tax-and-spend corrupt agenda of the Liberals.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:25 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I must admit that I had the same reaction as my colleague. For once, I agree with the member for Winnipeg North.

I must remind the Canadians who are watching at home that we began with three good 20-minute speeches that were directly related to Bill S-6. They were given by the parliamentary secretary, a member of the Bloc Québécois, and me, which I say in all modesty. A Conservative member also gave a speech that was more or less related to Bill S-6. The Conservatives focused a little less on the bill, but they mostly stayed on topic.

When my colleague finishes her speech, will she allow the bill to be passed? All of the parties agree. The Conservatives, the Bloc Québécois, the Liberals and the NDP all agree on the bill. Could the member allow us to move on to the next item on the orders of the day? She is criticizing the Liberals' agenda and priorities. Can we move on to the next priority after her speech, or will another Conservative member, perhaps the finance critic, be speaking?

If so, it will mean that the Conservatives are the ones filibustering today in the House.

Canada–Madagascar Tax Convention Implementation Act, 2018Government Orders

February 21st, 2019 / 1:25 p.m.
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Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, what my colleague just said is that the NDP is not willing to stand up and speak against the government. The Conservative Party of Canada is the only party that is going to stand up and speak to oppose the terrible, wasteful spending and the terrible agenda of the Prime Minister, which Canadians have had enough of. I am proud to be a Conservative and to day after day stand up for the interests of everyday Canadians, as opposed to this Liberal-NDP coalition that will not speak against garbage agendas in the House of Commons, when the rest of the country is on fire.

I hope that every single member of the caucus of the Conservative Party of Canada will stand here today to stand up against the Prime Minister.