Bill C-208 (Historical)

An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation)

This enactment amends the Income Tax Act in order to provide that, in the case of qualified small business corporation shares and shares of the capital stock of a family farm or fishing corporation, siblings are deemed not to be dealing at arm’s length and to be related, and that, under certain conditions, the transfer of those shares by a taxpayer to the taxpayer’s child or grandchild who is 18 years of age or older is to be excluded from the anti-avoidance rule of section 84.‍1.

Income Tax Act

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, it is a great honour to be standing virtually in the House and speaking to Bill C-208. I would like to thank the member for Brandon—Souris for being the sponsor of this bill. He is the latest in a fairly long line of MPs who have been trying to achieve this legislative proposal.

I was present in the 42nd Parliament when my former colleague, Guy Caron, brought in Bill C-274, and I remember his passionate speech in the House of Commons during its second reading. He was trying to illustrate the reasons why that legislation was so important. It was great to witness that speech, but ultimately it was very disappointing to see the vote results when the Liberal government at the time used its majority to prevent the bill from going any further.

I am glad to see this time it has been different, by virtue of the fact that we are in a minority Parliament and the opposition used its combined numbers to send this bill to the Standing Committee on Finance where it had a good airing. We got to hear from many witnesses, and ultimately the committee decided to send the bill back to us for our final consideration. It is my sincere hope that this bill will be sent off to the other place and that we can look forward to royal assent, hopefully in the near future.

When Bill C-274 was being considered in the previous Parliament, I had a meeting with the Port Renfrew Chamber of Commerce. I was given a 10-minute speaking spot during their AGM, and when I talked about Bill C-274 at that time and about what we were hoping to do, I got unanimous positive feedback from the members of that chamber. For those who do not know, Port Renfrew is on the southwest coast of Vancouver Island. Many people there depend on fishing for their livelihoods. They are either commercial fishermen or are in sport fishing, so they have small fishing corporations. To have the ability put forward to transfer their businesses to family members really meant a lot to them. There was overwhelmingly positive feedback. I ultimately had to give them bad news, but here we are with a real opportunity to try to bring about some positive change.

This bill is pretty much tailor-made for the types of small businesses that exist in the riding I represent, Cowichan—Malahat—Langford. Like so many members before me, I want to acknowledge the pain and suffering that small businesses have gone through over the last year. I think it is incumbent upon us not only to have support programs to help them through the pandemic, but also to bring about long-term systemic change to important statutes such as the Income Tax Act, so that we can make their business operations and their succession planning that much easier.

My riding is dominated by farming as well. Here in the Cowichan Valley we have a beautiful climate. It is, I think, Canada's only Mediterranean climate and we have a very long and storied agricultural history. We have generational family farms here. Some have the fifth generation of a family farming the same plot of land. If we can bring about legislative change that makes succession easier and gives them peace of mind, I think we are doing a good thing.

I also want to give a shout-out to the five chambers of commerce in my riding: Chemainus, Cowichan Lake District, Duncan Cowichan, Port Renfrew and WestShore. They have all been incredible advocates for their members. I have been staying in touch with them quite consistently over the last year and their feedback during this pandemic has been invaluable in helping me, as a member, advocate on their behalf in Ottawa to make sure that the federal government's policies and programs are reflecting their needs.

I will concentrate mostly on family farms, given the nature of my riding and the fact that I am the NDP's critic for agriculture and agri-food. When we look at family farms, we are looking at $50 billion in farm assets that are set to change hands over the next 10 years. History has shown us that roughly 8,000 family farms have disappeared over the last decade.

The National Farmers Union has done an incredible report on the status of Canada's farms, called “Tackling the Farm Crisis and the Climate Crisis”. It not only looks at agriculture in the context of climate change, but also the financial footing that many farms are on and how shaky it is. According to the NFU, Canadian farm debt has doubled since the year 2000. That is in 21 short years. It was listed at $106 billion in 2019.

Many farms have to chase income from off-farm work, taxpayer support programs and other farm sources. That is just a reality for so many small farms. What is really concerning is that we have lost two-thirds of our young farmers since 1991. The family farm is pretty much being systematically destroyed in Canada, and we need to put measures in place that are going to help.

Why is Bill C-208 so important? The owners of small businesses, family farms and fishing operations who want to retire want to be able to sell to their children because it is often their children who have been brought up in the family business and on the family farm. From a young age they have learned the culture of the business and what it does, and they often have a lot invested in that business continuing to succeed. The next generation often has very important ideas about where to take that business.

When parents decide to sell their business to their children, the difference between the sale price and the price originally paid is currently considered a dividend, but if they sell their business to an unrelated individual or corporation it is considered a capital gain. Unlike capital gains, a divided does not include the right to a lifetime exemption and is taxed more heavily. We can make a measurable improvement in allowing families to pass on businesses that might have been part of a family for generations to their children, making it easier for that work to get done.

I want to recognize the work done at the Standing Committee on Finance. I appreciate the witnesses who appeared. Many of them also appeared at the agriculture committee. We heard important testimony from the CFIB, the Grain Growers of Canada, L'Union des producteurs agricoles and, of course, the Canadian Federation of Agriculture, which has been such an incredibly important voice for farmers from coast to coast to coast.

They noted at committee that the average age of Canadian farmers is now above 55, and the opportunities these businesses face will carry into the next generation. It is a sector in which the vast majority of businesses remain family owned, and maintaining the financial health of those businesses across generations is critical. At committee, the CFA very clearly said that it supported Bill C-208 because it would ensure that real family farm transfers could access the same capital gains treatment as businesses selling to unrelated parties, rather than treating the difference as a dividend that was taxed at a higher rate and not being able to access the lifetime capital gains exemption.

We have an important opportunity before us. During the vote at second reading, I was sad to see that 145 Liberal MPs voted against this bill. Two Liberal MPs supported it. It is my sincere hope that when this bill comes to a final vote to be sent to the Senate, Liberals can finally see this as an important opportunity and can represent the interests of small businesses, family farms and fishing corporations by making this much-needed change to the Income Tax Act and doing right by their constituents.

I, for one, will be proud to vote in favour of Bill C-208 and send it on its journey. I look forward to the day when we can finally see it receive royal assent.

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, what a privilege and honour it is to speak to Bill C-208. Not often in the House do we find a private member's bill that has all-party support, and this is one of those unique situations.

For many small business owners, business succession is an important factor to consider when planning for the future. This is no surprise. When they spend so much of their time and energy pouring hour after hour into running their operation, what happens to the fruits of their labour when it is time for them to retire or move on matters to them.

However, surveys tell us that only about half of small businesses have a succession plan. I suspect that is because they are caught up in the day-to-day running of their businesses. However, whether they are thinking about succession early on or are confronting succession decisions near the time of transition, somewhere along the line these entrepreneurs face a frustrating reality: It is more expensive to sell an incorporated small business, or a family farm or fishing enterprise, to a family member than to a stranger.

What is behind this? When a business is sold to a family member, it is considered a dividend. When sold to a stranger, it is considered a capital gain and is eligible for capital gains exemption. In its simplest form, when selling to a family member the tax rate is higher for the seller than when selling to a stranger. That tax rate is significantly lower.

This is not right, and it is not fair. About half of small business owners are hoping to sell or transfer their operations to family members when it is time for them to move on. If members have spent even a little time around family-run businesses, the “why” becomes clear. Sometimes kids are raised in the business and learn the ropes at a young age. They come to know the ins and outs of the business better than anyone. They put in the time, they know the customers and they are established figures in their communities. When the time comes for succession, they are an obvious option for so many reasons.

This is where Bill C-208 comes in. It seeks to achieve tax fairness for business succession by amending the Income Tax Act to level the playing field. It would allow a small business owner the same tax rate when selling their operation to a family member as when selling to a third party. It would correct the injustice within the act that unfairly punishes individuals when they sell their qualifying small business, farm or fishing operation to their own family.

During the finance committee's study of the bill, Brian Janzen, a senior tax manager with Deloitte, gave an example to help members understand just how stark the financial difference currently is between selling to a family member and selling to a stranger. He said:

Right now, if you have a $1-million business and you sell your shares—in a restaurant, let's say—to your neighbour, you will walk away with after-tax proceeds from a $1-million sale of about $971,000. That's only $29,000 of leakage....

There are various ways to sell your shares to your kids under the current regime of section 84.1, but I'll just use the worst-case scenario. The worst-case scenario is that your kid sets up a holding company, or holdco, and buys your shares from you. In Manitoba, that will cost you $466,000 because of the deemed dividend. That's a difference, between the two scenarios, of $437,000. That's just crazy.

He is right. That is crazy, especially when we consider the value small business continuity can have in our communities. Small business owners have often built strong relationships with their customers over the long term. They have employees, whether a couple or a couple dozen, whom they care about and have invested in. They are plugged into their communities in multiple ways. Whether by supporting local food banks, sponsoring sports clubs or donating to construct a new community centre, small businesses are there.

Handing that over to a stranger, perhaps someone from out of town, may not be the best situation for the business owners or their communities. When they have built something and invested plenty of sweat equity in their operation, it is understandable to want to hand it off to someone who can carry on that legacy.

Robyn Young, president-elect of the Insurance Brokers Association of Canada, told the finance committee about her experience of purchasing the family business from her parents. She said:

When my parents decided to sell their business, they received an offer from a large direct writer. They ultimately chose to sell the business to me and my brother, because it was important to them to keep the business they had built within the family. They also wanted to ensure that their clients would continue to receive the same expert advice and personal touch they had come to expect.

She went on to say:

Family-run brokerages are the pillars of the community and the lifeblood of the economy. They serve and support their communities in good times and bad by creating employment and donating time, money and other resources.

These are the considerations for many small business owners looking at succession planning. There needs to be a level playing field that empowers owners to make the best choice for them and their communities.

The current inequity is a reality that impacts a variety of types of small businesses, but I want to take a moment to talk about farm families specifically.

Agriculture is incredibly capital intensive, and as Scott Ross of the Canadian Federation of Agriculture told the finance committee, “effective succession planning is critically important, particularly for a sector that will transfer tens of billions of dollars in assets to the next generation in this decade alone.” Uniquely, the agriculture sector continues to be one where the vast majority of farms, even though they are incorporated, still remain family owned. This has considerable advantages for all Canadians since, as Mr. Ross highlighted, “studies show that family farming encourages sustainable growth, environmental stewardship and increased spending within one’s local community, not to mention its contributions to the social fabric of rural Canada.”

I share several commonalities with the bill's sponsor, the member for Brandon—Souris. For one, we were both elected in the same 2013 by-election. More importantly for today's discussion, we both have “farmer” on our resumes. We are very familiar with the immense benefits that farming and agriculture provide to the communities we represent. By passing Bill C-208, the House can acknowledge the tremendous contributions that our farmers make and can help ensure tax fairness for farm succession.

Throughout debate on this bill, we have heard some members suggest that this change will just benefit the rich or create opportunities for tax avoidance. I want to address this head-on because that is a mischaracterization that finance committee testimony swiftly put to rest.

The bill includes tax-avoidance safeguards mandating that the family member who purchases the operation must maintain their shares for a minimum of five years to avoid penalization. As Deloitte senior tax manager Brian Janzen confirmed, “This bill is helping the lower end of the small business community. It is not helping the huge, rich companies, even if they're family owned.” He also told the finance committee that Bill C-208 has enough guardrails to prevent tax avoidance, even as he urged vigilance so that tweaks could be made if required.

Like all colleagues, I wanted to make sure that the bill did not providing an undue benefit to large corporations. I therefore asked Mr. Jansen very specifically about those concerns. He said it did not benefit large corporations, “partly because of the guardrails you have in this bill, but also because for the larger companies...section 84.1 and the capital gains exemption didn't even come into play. The numbers are big enough that this is just...not material to the larger private businesses. This is really helping the small private business.”

It is clear that this bill strikes the right balance between providing tax fairness and preventing abuse. I encourage any members who feel differently to review the testimony before the finance committee. They will see experts addressing these concerns and urging the bill's swift passage.

There were 145 Liberal members who voted against this common-sense bill at second reading. Meanwhile, members of all the opposition parties supported it, and so did two Liberal MPs. I sincerely appreciate the two Liberal members who voted in favour of this bill. They recognized the positive impact that it would have on their constituents. I hope that the testimony we have heard since that time will help other Liberal MPs better understand why they ought to lend their support to Bill C-208. Their constituents deserve tax fairness.

I want to wrap up by saying thanks to the member for Brandon—Souris for introducing this pertinent legislation. His efforts are going to make a real difference in the lives of many small business owners and farm families. We have seen iterations of this bill brought forward by multiple parties over the years, and this goes to show that there is cross-party support for this bill. It is time to get it over the finish line.

I invite all my colleagues to support small business and vote in favour of Bill C-208. Let us get it passed and get it to the Senate. Hopefully it will deal with it as expeditiously as the House has. I am thankful for the opportunity to speak to the bill.

[Sébastien Lemire, Bloc, Abitibi—Témiscamingue, QC]

Madam Speaker, it is an honour and a privilege for me to speak to this bill at third reading stage.

At its annual general meeting, the Syndicat de la relève agricole d'Abitibi-Témiscamingue called on MPs from the Abitibi-Témiscamingue area to support Bill C-208 and to actively contribute to its passage before the next election. That is my role today in bringing debate to a close at third reading.

The resolution of the Syndicat de la relève agricole d'Abitibi-Témiscamingue speaks of fairness when transferring agricultural farms. At present, when an individual sells their shares in their small business or family farm corporation to a family member, the difference between the sale price and the initial purchase price is treated as a dividend. However, if the business or corporation is sold to someone other than a family member, this transaction is treated as a capital gain.

Bill C-208 would give small businesses, farming families and fishing families the same tax treatment whether they sell their business to a family member or a third party. The economic landscape of our region is made up of a growing number of incorporated farms and family fishing corporations, which is why the Syndicat de la relève agricole d'Abitibi-Témiscamingue adopted this resolution, and I am here to honour it.

I had the opportunity to take part in the debate on this bill in November 2020, and I remember that my presentation centred on the fact that, incredible as it may seem, a business owner is currently better off selling their business to outside shareholders than to members of their own family. As I said, under the existing legislation, the transfer of a business to a family member is treated as a dividend and not as a capital gain, unlike a sale to a third party. As a result, owners are not entitled to the lifetime capital gains exemption if they decide to sell the business to their children.

The Bloc Québécois is in favour of Bill C-208. For several years now, my party has been calling for measures to encourage and facilitate the transfer of family businesses, especially in the agriculture and fisheries sectors. I would also like to acknowledge the work of my colleague, the member for Pierre-Boucher—Les Patriotes—Verchères, who had the opportunity to speak before me and who introduced Bill C-275 back in the day.

The Bloc Québécois has been calling for measures to encourage and facilitate the transfer of family businesses for over 15 years. For Quebeckers, the Bloc Québécois and myself, business succession is important. It is also important for our SMEs in general, but especially for family farms in the regions, like the Abitibi-Témiscamingue region. Perhaps we will soon have the opportunity to speak of Bill C-208 and its consequences in the past tense, a thought that fills me with excitement.

The existing legislation makes no sense at all. What is prompting the Liberal Party to vote against Bill C-208? They are raising the possibility of tax abuse and tax fraud, but we know that the Parliamentary Budget Officer questioned the amount of money that the Liberal government estimated would be lost, calculating that it would be tens or hundreds of millions instead of billions of dollars. Speaking of losses, I still do not understand why the government is not cracking down on tax havens.

I would like to share the comments of a farmer from my riding, a friend of mine named Simon Leblond, who was the president of the Fédération de la relève agricole du Québec when I was working for the union. With regard to the transfer of family farms, he said that it is important to maintain a large enough pool of farmers to maintain services for farms and, more generally, to ensure the vitality of the industry, make it known to those outside the world of agriculture, and ensure interest.

Farmers face major challenges, and I think it is important to point that out. Some of the challenges faced by farmers in Abitibi-Témiscamingue and everywhere else include land grabbing, farmland financialization, the whole issue of income security, vet services for farm animals, crop insurance and agricultural drainage. These are major challenges, and improving access to land and quality of life for Quebec's young farmers is one way to ensure a future in agriculture for Quebec's youth.

The more people we have who are willing to take over farms, the more services we will be able to provide. It is a cycle, but unfortunately that cycle has been broken. I hope that we can get that cycle going again and that we will see more and more young people taking over farms. Land prices, quota prices and new forms of agricultural production are leading to higher costs every year, and the red tape is becoming increasingly cumbersome, making it harder and harder for farmers to access land and operate their business. As politicians, we have a responsibility in that regard. I repeat: It is not right that a business owner is better off selling the business to a third party than to their own family members.

The Government of Quebec included measures in its 2016 budget to facilitate the transfer of family businesses in the primary and manufacturing sectors. A change to Quebec's Taxation Act relaxed the rule that prohibited the seller from using the capital gains tax exemption. Quebec has addressed this issue, while the federal government still lags behind, or at least it was lagging until now. I remind members that the Parliamentary Budget Officer assessed the cost of these measures, and his figure was lower than what the federal government was claiming.

I want to get back to the speech my colleague from Berthier—Maskinongé made about Bill C-208 at second reading. I want to make a little aside, though, and I want to acknowledge and commend our colleague, the member for Brandon—Souris, for his leadership. I would like to congratulate the Conservative Party for its leadership in this debate, because Bill C-208 has been given priority on two occasions at third reading. That is why we are debating it today. I hope that we will be able to vote on this bill by next week so that it can be sent to the Senate and then get royal assent. That would be the blessing that so many have hoped for. I will give some examples soon, but I just wanted to mention that.

The member for Berthier—Maskinongé said:

...what we are really talking about are small and medium-sized businesses, which are the backbone of our economy. We need to keep these businesses alive and make sure they survive. We need to make sure that these small businesses can keep going and that they are not put at a disadvantage where they will end up being bought out by big corporations. The survival of these small businesses is directly connected to the survival of our regions. This is why I am appealing to all of my colleagues.

I second my colleague from Berthier—Maskinongé's appeal because the Bloc Québécois stands for human-scale enterprises.

I also want to say that I got to be part of the debates that took place when Bill C-208 was sent to the Standing Committee on Finance. On March 9, Julie Bissonnette, a dairy farmer in L'Avenir and the president of the Fédération de la relève agricole du Québec, and Philippe Pagé, the FRAQ's general director and mayor of Saint-Camille, had this to say:

Bill C-208 is significant for young farmers because we believe it will encourage the transfer of farms to family members and go a long way towards correcting tax unfairness, while supporting a strong farming community.

As an organization whose mission is to protect the interests of the next generation of farmers and improve conditions for those starting out, it has taken a clear position. The FRAQ representatives also wanted the committee to know that some young Canadians are seeing their dreams evaporate because of ill-conceived tax rules. They said:

The numbers speak for themselves. A business that is transferred to a family member is six times more likely to succeed than a business transferred to someone outside the family. What's more, 70% of all entrepreneurs in Quebec would prefer to keep their businesses in the family. Even today, selling a business to a related party is the preferred way to transfer a farm. Our tax system should support all young farmers, no matter their path to business ownership, something the system does not currently do.

Marcel Groleau, from the Union des producteurs agricoles, echoed these comments. During the same meeting, he mentioned the pride that comes from completing a successful transfer, saying:

Some 98% of the country's farms are family owned and operated. That business model is a source of pride for Canadians. Family farming promotes sustainable growth, environmental stewardship and reinvestment in local economies.

He added:

According to a 2017 study by the Business Development Bank of Canada, nearly 40% of small businesses will be transferred or sold by the end of 2022 as owners near retirement.

There is an urgent need for action. Obviously, the reference to subsection 84(1) of the Income Tax Act is one of the things that needs to be revised. The act has not evolved to reflect the context and the demographic pressure that applies to farms.

I also want to mention the support of Daniel Kelly, the president and CEO of the Canadian Federation of Independent Business, or CFIB, who appeared before the Standing Committee on Finance and was quite happy to express CFIB's very favourable position on the bill. I should note that 17% of business owners are seriously considering shutting down, that Bill C-208 would facilitate business transfers and, most importantly, that it is time for a resolution and for significant action.

I will conclude by recalling two points raised by Mr. Groleau, who shared some data from the Commission de protection du territoire agricole, Quebec's farmland protection commission. He pointed out that everything is documented and that we are seeing an increasing number of transactions involving farmland being carried out by investors rather than by producers. The investors' interest lies in renting out the land while they wait to potentially do something else with it.

The devil is in the details, and it will be important to move on in order to meet the needs of the next generation of farmers.

[Dan Mazier, Conservative, Dauphin—Swan River—Neepawa, MB]

Madam Speaker, I rise today to speak to a very important bill that would positively impact countless farmers and small business owners across Canada if passed.

I want to sincerely thank my colleague, the member for Brandon—Souris, for introducing the bill to Parliament and making so much progress on this issue. I am fortunate to work with my Manitoba colleague, who gained my profound respect for representing his constituents in an exceptional manner throughout his tenure as a member of Parliament.

Bill C-208, an act to amend the Income Tax Act, would provide tax fairness for farmers and small business owners across our nation.

This may surprise most Canadians, but selling a farm or a small business to an unknown third party receives better tax treatment than selling that same business to a family member. The current structure of the Income Tax Act penalizes farm and small business owners from transferring their operations to a member of their own family. This discrepancy in tax treatment can result in hundreds of thousands of dollars in more taxes if sold to family as opposed to a stranger.

For example, imagine a couple who has owned a local auto repair shop in Manitoba for decades and is ready to retire. These owners have worked hard to support their family and community and their business is now worth $1 million. The couple is approached by a multinational auto repair company that has no roots in the community but wants to buy the business. If owners were to sell their business to this unknown third party, they would incur $29,000 in taxes.

Their son is also interested in buying the local business as he looks to raise a family and make a living in the community in which he grew up. However, if their son were to purchase the same company at the same price, his parents could pay up to $466,000 in taxes, a tax difference of $437,000.

Now the couple who owns the auto repair shop must make a decision. Do the owners sell to the multinational company and maximize their retirement fund or do they sell to their son and keep the business in the family? Why should small business owners be placed in a position to choose between sacrificing their retirement fund or sacrificing the word family in their family business? The answer is obvious: they should not.

However, thousands of business owners spend their entire careers operating their businesses with the expectation of passing it to their children. They do not realize the staggering tax difference they will be indebted with until they part ways with their business. This puts retirement and business plans at risk.

The constituency of Dauphin—Swan River—Neepawa is built on the foundation of small business and agriculture. These sectors are the lifeblood to the vibrant rural communities of our region. I was raised and spent my entire life in rural Manitoba. I understand how these businesses support our communities and the families within.

Last year, I spent a year touring rural Manitoba to meet specifically with small businesses to hear their priorities and concerns. One of the most prominent things I heard was the concern of what the future would look like in rural populations as aging and younger generations moved to urban centres. Many rural communities rely on a single business to provide a good or service.

I think of the No. 5 Store in the rural town of Riding Mountain, located between the community of Neepawa and Ste. Rose. This family run business is the only supplier of essential goods and services to the Riding Mountain community. Locals rely on the No. 5 Store for their everyday essentials like groceries and mail.

Small businesses like these provide families with goods and services needed to successfully make a living in rural communities. If businesses like these close their doors, communities suffer.

Large multinational companies will never replace the locally owned family businesses that are the engines of rural Canada. Family-owned small businesses are what give rural communities their identity. We must support them in transferring their businesses to future generations so they can endure. Without small businesses, rural Canada evaporates.

Agriculture is another pillar to our country and to the region I represent. Family farms contribute immensely to the social and cultural fabric of rural Canada. However, by 2025, one in four farmers will be 65 or older and over 110,000 farmers are expected to retire within the coming decade. This means thousands of farmers will be transferring their farm operations as they retire.

I should remind the members of the House that farmers are the people who have a strong connection to the land. They care deeply about keeping their farm in the family in the hopes of watching their children take the same care of the land in the manner they did.

There something to be said about the family farm. The family farm is not just a business, it is not just an operation; it is generational and sentimental. It is a way of life for hundreds of thousands of Canadians and their families. The family farm is an ideal and it is an ideal worth preserving. However, it is clear that agriculture is approaching a demographic revolution and as parliamentarians, it is our duty to support such a massive transition to ensure the future prosperity of Canadian agriculture.

Unfortunately, under the current tax regime, farmers are unable to transfer their family farm to the family without experiencing unfair tax treatment. As parliamentarians, we need to work creating more sustainable rural Canada through job creation and economic prosperity. Bill C-208 would do that.

Bill C-208 would keep the family in the family business. It would provide a future for the family farm. It would create fairness for countless Canadians as well as preserve the rural communities that are the bedrock to our nation.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, my colleagues have outlined all the details at second reading, third reading and previous iterations of this bill, so I will not go into those right now.

Tonight, I want to begin by thanking all those who have helped get Bill C-208 to this point. Without my Conservative colleagues trading the speaking spots for their private members' bills, we would never have gotten to third reading before the summer recess. I am immensely thankful to them for that.

For my colleagues from Prince Albert, Saskatoon—Grasswood and Regina—Qu'Appelle, I am eternally grateful for their support and assistance. For that support, I want them to know we are on the cusp of passing the legislation and sending it to the Senate.

I have spoken to numerous MPs over the past year about the importance of correcting this massive injustice within the Income Tax Act. The purpose of this bill is straightforward. It will level the playing field by giving families the exact same tax treatment whether they transfer their businesses or operations to their children or to a stranger. It will result in more locally owned and operated businesses, as has been outlined by many of my colleagues who have spoken to the bill, the types of businesses that are involved in their communities and provide steady employment for countless individuals. It will help keep farms and fishing operations in the family as well as any other qualifying small business.

Bill C-208 would send a message of hope to young farmers who want to carry on what their families started. Most of all, it would bring tax fairness to the Income Tax Act. No longer will parents have given a false choice of having to choose between a larger retirement package by selling to a stranger or a massive tax bill because they have sold to a family member, their own son, daughter or grandchildren. Every single community in Canada will be positively impacted by the passage of the bill.

As I said in my speech two weeks ago, there is bipartisan support for the legislation. I want to recognize and thank not only my colleagues from Provencher and Dauphin—Swan River—Neepawa for their kind words and informational speeches, but also the members of other parties for their speeches and support at second reading, third reading and at committee as well as all the witnesses who gave testimony.

In particular, I want to thank my colleague from Malpeque, who also happens to be the chair of the finance committee, who announced he would be voting in favour of Bill C-208. I thank him for his kind presentation in the House today as well.

While I know my Liberal colleague from Winnipeg North, and I know him very well, is well-intentioned, I found that during his speech on the legislation a couple of weeks ago, his comments were quite off base. I know, had he taken the time to read the evidence and testimony provided at the finance committee, he would have known his speaking points and the concerns given to him by the finance department were all truly addressed.

For my Liberal colleagues, who, for the most part, all voted against the bill at second reading, I know the process. I know the party whips and the powers that be have likely told them to vote against the bill. However, I implore them to listen to their constituents who want this legislation passed, review what the tax experts have said and reach out to their businesses, farms or organizations in their ridings and ask them if they support the bill. I can assure all my colleagues that if they do reach out, they will find almost universal support for Bill C-208.

Once and for all, we can finally resolve this long-standing problem that countless families have had to endure when selling their businesses or operations to their immediate children or grandchildren.

I look forward to the final vote next week and kindly ask all my colleagues to support the bill, thus allowing for the debate in the other place and passage of it into law.

[The Assistant Deputy Speaker, Carol Hughes]

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Kingston and the Islands.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I would ask for a recorded division.

[The Assistant Deputy Speaker, Carol Hughes]

Pursuant to an order Monday, January 25, the division stands deferred until Wednesday, May 12, at the expiry of the time provided for Oral Questions.

[Larry Maguire, Conservative, Brandon—Souris, MB]

Mr. Speaker, later this afternoon we will have the final vote on my private member's bill, Bill C-208. The purpose of this bill is straightforward. It will level the playing field by giving families the exact same tax treatment when they transfer their businesses or operations to their children as when they transfer it to a stranger. It would result in more locally owned and operated businesses, the type of businesses that are deeply involved in their communities and provide steady employment for countless individuals.

Bill C-208 sends a message of hope to young farmers who want to carry on what their families started. No longer will parents be given the false choice of having to choose between a larger retirement package after selling to a stranger, or a massive tax bill after selling to a family member, their own child or grandchild.

I urge all members to vote in favour of Bill C-208 and bring tax fairness to the Income Tax Act for all qualifying small businesses.

The House resumed from May 5 consideration of the motion that Bill C-208, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), be read the third time and passed.

[The Speaker, Anthony Rota]

It being 3:12 p.m., pursuant to an order made on Monday, January 25, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-208 under Private Members' Business.

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #112

[The Speaker, Anthony Rota]

I declare the motion carried.

(Bill read the third time and passed)