Bill C-32

Fall Economic Statement Implementation Act, 2022

An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022 and certain provisions of the budget tabled in Parliament on April 7, 2022

Part 1 implements certain measures in respect of the Income Tax Act by
(a) providing that any gain on the disposition of a Canadian housing unit within a one-year period of its acquisition is treated as business income;
(b) introducing a Tax-Free First Home Savings Account;
(c) phasing out flow-through shares for oil, gas and coal activities;
(d) introducing a new 30% Critical Mineral Exploration Tax Credit for specified mineral exploration expenses incurred in Canada and renounced to flow-through share investors;
(e) introducing the Canada Recovery Dividend under which banks and life insurers’ groups pay a temporary one-time 15% tax on taxable income above $1 billion over five years;
(f) increasing the corporate income tax rate of banks and life insurers’ groups by 1.5% on taxable income above $100 million;
(g) providing additional reporting requirements for trusts;
(h) providing rules applicable to mutual fund trusts listed on a designated stock exchange in Canada with respect to amounts that are allocated to redeeming unitholders;
(i) providing the Minister of National Revenue with the discretion to decline to issue a certificate under section 116 of the Income Tax Act in certain circumstances relating to the administration and enforcement of the Underused Housing Tax Act ;
(j) doubling the First-Time Homebuyers’ Tax Credit;
(k) expanding the eligibility criteria for the Medical Expense Tax Credit in respect of medical expenses incurred in Canada related to surrogate mothers and donors and fees paid in Canada to fertility clinics and donor banks;
(l) introducing the Multigenerational Home Renovation Tax Credit;
(m) allowing access to the small business tax rate on a phased-out basis up to taxable capital of $50 million;
(n) modifying the computation of income as a result of the adoption of a new international accounting standard for insurance contracts;
(o) introducing a new graduated disbursement quota rate for charities;
(p) providing that the general anti-avoidance rules can apply to transactions that affect tax attributes that have not yet been used to reduce taxes;
(q) strengthening the rules on avoidance of tax debts;
(r) modifying the calculation of the taxes applicable to registered investments that hold property that is not a qualified investment;
(s) modifying the tax treatment of certain interest coupon stripping arrangements that might otherwise be used to avoid tax on cross-border interest payments;
(t) clarifying the applicable rules with respect to audits by Canada Revenue Agency officials, including requiring taxpayers to give reasonable assistance and to answer all proper questions for tax purposes; and
(u) extending the capital cost allowance for clean energy and the tax rate reduction for zero-emission technology manufacturers to include air-source heat pumps.
It also makes related and consequential amendments to the Canada Deposit Insurance Corporation Act , the Excise Tax Act , the Air Travellers Security Charge Act , the Excise Act, 2001 , Part 1 of the Greenhouse Gas Pollution Pricing Act and the Income Tax Regulations .
Part 2 amends the Excise Act, 2001 and other related texts in order to implement changes to
(a) the federal excise duty frameworks for cannabis and other products by, among other things,
(i) permitting excise duty remittances for certain cannabis licensees to be made on a quarterly rather than a monthly basis, starting from the quarter that began on April 1, 2022, and
(ii) allowing the transfer of packaged, but unstamped, cannabis products between licensed cannabis producers; and
(b) the federal excise duty framework for vaping products in relation to the markings, customs storage and excise duty liability of these products.
Part 3 amends the Underused Housing Tax Act to make amendments of a technical or housekeeping nature. It also makes regulations under that Act in order to, among other things, implement an exemption for certain vacation properties.
Division 1 of Part 4 authorizes the Minister of Finance to acquire and hold on behalf of His Majesty in right of Canada non-voting shares of a wholly-owned subsidiary of the Canada Development Investment Corporation that is responsible for administering the Canada Growth Fund and to requisition the amounts for the acquisition of those shares out of the Consolidated Revenue Fund.
Division 2 of Part 4 amends the Bretton Woods and Related Agreements Act to increase the maximum financial assistance that may be provided in respect of foreign states.
Subdivision A of Division 3 of Part 4 enacts the Framework Agreement on First Nation Land Management Act .
Subdivision B of Division 3 of Part 4 contains transitional provisions in respect of the enactment of the Framework Agreement on First Nation Land Management Act and makes consequential amendments to other Acts. It also repeals the First Nations Land Management Act .
Division 4 of Part 4 amends the Government Employees Compensation Act in order to fulfil Canada’s obligations under the Memorandum of Understanding between the Government of Canada and the Government of the United States of America concerning Cooperation on the Civil Lunar Gateway.
Division 5 of Part 4 amends the Canada Student Loans Act to eliminate the accrual of interest on guaranteed student loans beginning on April 1, 2023.
It also amends the Canada Student Financial Assistance Act to eliminate the accrual of interest on student loans beginning on April 1, 2023.
Finally, it amends the Apprentice Loans Act to eliminate the accrual of interest on apprentice loans beginning on April 1, 2023 and to clarify when the repayment of apprentice loans begins during the interest suspension period from April 1, 2021 to March 31, 2023.

Fall Economic Statement Implementation Act, 2022

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, the riding of Calgary Skyview is one I know well as I am often there. According to Statistics Canada, the median income in that riding after tax is about $87,000. That is not a lot of income for Calgary, and it puts people directly into the middle class. They will be paying thousands more because of the inflationary spending that the current government keeps supporting.

I will ask him the same question I did this morning to a different member. The Parliamentary Budget Officer identified $14.2 billion that does not relate to anything. There are no specifics on how that money will be spent. It is a blank cheque. That is what the Parliamentary Budget Officer essentially said.

Can the member explain where this money is going and why he thinks the current federal government deserves another $14.2-billion blank cheque?

[George Chahal, Liberal, Calgary Skyview, AB]

Mr. Speaker, the residents of Calgary Skyview have been working tremendously hard and have been feeling the impacts of inflation. They worked on the front lines during the pandemic. We were accused of spreading the pandemic, yet we have the highest rates of vaccinations in the province of Alberta. They are the folks who drive our buses, clean the snow off our streets, work in the nursing homes or work in the airport that many of my colleagues in southern Alberta use to get here. They are the frontline heroes from my community who are helping to keep our city functioning and our economy moving forward.

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Mr. Speaker, despite differences of opinion on certain aspects, I believe that we can agree that Bill C-32 dusts off some old legislation and also proposes new measures.

That said, our role is also to highlight the bill's shortcomings, and one of these shortcomings is the money for people aged 65 to 74. The hon. member opposite said that seniors would soon get an extra $220 or so. However, I have questions about this “extra”, seeing as pensions have not kept pace with rising consumer prices. I wonder why this amount is considered “extra” when the government created two classes of seniors. I wonder how this amount can be “extra” when more than 70,000 seniors who applied for their pension on time are still not receiving their money.

It is good that the government is implementing measures, but it needs to think of seniors, because they are the ones who built Canada and Quebec as we know them today, and they deserve our full consideration and support.

When will seniors aged 65 to 74 get this consideration and get proper financial support?

[George Chahal, Liberal, Calgary Skyview, AB]

Mr. Speaker, I thank the hon. member for Beauport—Limoilou for her advocacy on behalf of seniors. Our government increased the OAS top-up by 10%. I regularly engage with seniors at various seniors centres. In my constituency of Calgary Skyview, I was at a seniors centre last week and the seniors were happy with it. That has supported them and provided additional supports for them to pay their bills.

It is important that we do more, and we continue to work together across party lines to support seniors during this difficult time to make sure they have more resources to help support them in the future.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I will briefly reiterate the question that was posed, which had to do with seniors between the ages of 65 and 74 getting access to the OAS increase that the government often talks about as if it is an increase for all seniors. However, I did not hear an answer about when that increase is coming for seniors 65 to 74.

In case the member missed it the first time, I want to make sure that he has an opportunity to actually answer the question. We had the preamble. Now let us have the answer.

[George Chahal, Liberal, Calgary Skyview, AB]

Mr. Speaker, it is important that we find new measures to support seniors as quickly as possible, but we are supporting them with additional investments. We can see in the fall economic statement that there are many ways we are doing that. The rental support is another support that we provided seniors. Low-income Canadians will have the $500 rental top-up, which will support them through this difficult time.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, last week, I spoke a bit about the shortcomings of the government's economic statement.

Today, I will speak about a particular measure found in Bill C-32 that I think is very important, because it is a matter of justice in the current economy. I am referring to the Canada recovery dividend.

We know that at the start of the pandemic, the big banks and financial institutions received a lot of support from the government. However, in light of the consequences of the pandemic and how well those same financial institutions performed during the pandemic, we can see that they did not need that assistance, or at least not as much as they were offered. The amount of assistance they got may even have put added pressure on the housing market.

Over the course of the pandemic, we saw financial institutions get a lot of liquidity support very quickly. We can see, if we look at their record of performance over the pandemic, that this help really was not necessary or certainly not to the extent it was delivered to them, because they made record profits. When most Canadians were worried about losing their homes and experiencing a significant decrease in their own household revenue, financial institutions were making even more profit than they did before the pandemic began.

There is some evidence, sometimes it is exaggerated to some extent, that this help did increase inflationary pressure within the housing market. There are other important factors, when we look at the housing market, that are driving that inflation. If we look only at the assistance that was provided to financial institutions and banks during the pandemic, we miss a very important part of the story about inflation in housing, which was happening at breakneck speed even before the pandemic. I do not want to minimize the impact of that, but at the same time, if we exaggerate that impact, we do not put ourselves in a good position to address the real structural challenges within the housing market that preceded the pandemic and continue even today.

One measure in the bill that is really important from a point of view of addressing that problem, which is also a problem of fundamental economic justice, is the pandemic recovery dividend. This is about assessing a one-time tax on the profits of banks and financial institutions in excess of one billion dollars. Before anyone freaks out about how this is a tax and that it will hurt the economy and everything else, it is only being applied to banks and financial institutions just on their profits over a billion dollars.

I think most Canadian business owners, if they are listening, would think that if they had a year where they had revenue over a billion dollars to tax at an exceptionable rate, that would be a pretty good year. If banks and financial institutions want to object that some kind of unfairness is going on, that is a sign of how out of touch they are with the real lives of Canadians and the people they are supposed to serve. I would also say that any politician in this place who wants to pretend that somehow this is an unfair tax, some kind of horrible socialism or some act of tyranny, is likewise out of touch.

I will talk a bit in a moment about how some of these measures, like the permanent increase on the corporate tax rate, are well warranted, and certain measures like the pandemic recovery dividend ought to be expanded to other industries through a windfall tax.

What has surprised me about the debate around the pandemic dividend is that I have not heard that term out of the mouth of a Conservative in the debate so far. It could just be that I missed it, so I apologize to any Conservative member who did talk about it. However, I have listened to a number of Conservative speeches now and it certainly is not a common theme. I find it strange that the Conservatives are not talking about it, because for a long time all their leader wanted to talk about was the role big financial institutions were playing in jacking up the prices in the housing market, because they had received too much accumulated capital from government during the pandemic, as he said.

Here is a measure that would actually address, specifically, undoing the harm that the leader of the Conservative Party has made the key plank of his leadership campaign, and now a central plank of his party's strategy in critiquing the government, and he has nothing to say about it.

This is an example of doing something to go after gatekeepers in the financial industry, who are jacking up prices for Canadian working families that are thinking about getting their first home or are trying to figure out getting another home to move to, if they cannot afford their current home, and all the chaos we know is happening for Canadians within the housing market. This is a way of rectifying that and helping to pay for certain things. The Conservatives often ask where we will get the money to pay for this, that money does not grow on trees. It does for the big banks and financial institutions apparently.

The leader of the Conservative Party is willing to talk about that as a problem, but when we get to talking about solutions, suddenly we cannot find him. Maybe he is under his desk right now or hanging out in the lobby. I do not know where he is but he is not talking about a potential solution. This is at least a beginning, to say that a perversion of the pandemic was that these large banks and financial institutions, which already make a ton of money, made even more money.

Assessing a one-time 15% tax on that extra profit above $1 billion, and this is not a low threshold by any measure, is a perfectly reasonable way of trying to get some of the money that we need to pay for things, like the doubling of the GST tax credit, when people are trying to figure out if inflation will mean they cannot buy food for their families or cannot make rent.

The banks and financial institutions are not going to miss that extra money. They may on their balance sheets, and I am sure they will shed a few tears around the boardroom table. I wish them well in their journey for catharsis, but I do not think it is a reason not to do it. They have the money to spare and that money is very much needed to accomplish things for Canadians, who really are in dire straits. They cannot just worry about whether they will post $2 billion in profit or $1.85 billion in profit in their next shareholder report at the end of the quarter.

This is a significant reason why New Democrats are supporting Bill C-32. We think that it is about time we start talking about the people who are making incredible money in this moment of extraordinary challenge for Canadians. Where we think the government has fallen short on this, and we have talked about this a lot on many opportunities, is that outside of financial institutions and banks, other companies are doing very well and posting record profits.

We have talked about Loblaws. This is an example within the grocery world where companies are making huge profits. We know that oil and gas companies are making huge profits in this moment when Canadians are struggling with the rising cost of energy. Those profits would not be growing if they were only increasing their prices to account for their increase in costs. They are not only passing the cost onto consumers, which would mean their profits would stay the same, all things being equal. They are raising prices that go above and beyond the increase in cost. That is how they are achieving record profits in a time of serious strife.

That is why we believe there should be a windfall tax, like the pandemic dividend, along the same structure, that applies to oil and gas companies, grocery retailers and big box stores, which also did very well during the pandemic while mom and pop businesses struggled because they could not offer the same level of service to people in extraordinary times. This has meant that some of those businesses have closed their doors and they are not necessarily coming back. There has been a permanent structural change in certain industries that has favoured larger companies. It makes sense that they would pay more tax on that extraordinary profit.

I am thankful for the opportunity to highlight what I think is a central issue with respect to Bill C-32, one that has not received enough attention to date.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, I would agree with the member in his assessment of the unfortunate reality of corporations using the opportunity of inflation to further expedite the problem by adding more inflation and trying to profit off of it.

It is one thing to do this by putting a special tax on it, but how do we do that? He talked about profits of over a billion dollars. How does he see that being implemented practically and the results of that, and how that will be received?

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, the way it works in the pandemic dividend in the legislation the government has crafted is that it establishes a baseline profit in advance of the pandemic. Then it looks at the pandemic window and how much more profit was made during the pandemic compared to baseline. That is how it comes up with a threshold. It then applies a tax for profits over that threshold.

There is a reasonable method already in place that could be applied to other industries. It would capture industry sensitive differences with respect to the level of profit. We do not like the words “cookie cutter”, but the way this works could be applied to other industries. The level of sensitivity that would be needed and expected is already in the mechanism.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Madam Speaker, I thank my colleague for his speech.

I would like to hear him talk about housing. We know that the housing crisis is one of the very important factors of the inflationary situation that we are experiencing at the moment. At the Bloc Québécois, we believe that we should invest massively in social housing. We even believe that we should make a permanent commitment to invest 1% of the budget in social housing every year to reduce the pressure on the market and remove a certain number of tenants from the market. We believe that this could be an effective solution. Of course, it would require a great deal of construction.

I would like to hear my colleague's thoughts on this.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I thank my colleague for his question.

Of course, the New Democratic Party believes that we need to invest in social housing. The Conservatives propose facilitating the construction of houses on the private market. However, without real investment and without the construction of social housing, many Canadians will not be able to buy these homes and will not have access to housing that they can afford.

Yearly, recurring investments are really important. Non-profit organizations need to know whether they will receive an amount every year to make their own investments in the initial stages of a social housing project. If they do not know when these investments will be made by the government, it is really difficult for them to plan—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

The hon. member for Saanich—Gulf Islands.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I am going to ask a question about something my hon. friend from Elmwood—Transcona, whose speeches are always thoughtful and well-informed, did not touch on.

In today's debate, we have heard a lot, particularly from the Liberals, about their commitments to net zero by 2050. I wonder if the member happened to see recent news coverage about our former minister of environment, Catherine McKenna, being part of a United Nations high-level expert panel that looked at the green washing, to put it mildly, around net zero by 2050 commitments.

The criteria set out by that expert body and former minister Catherine McKenna makes it clear that most of these promises by non-state actors are not measurable, not realistic and are simply empty promises. Canada's commitments do not measure up to the expert panel's criteria.

Does the hon. member have any thoughts on that?

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I think it is pretty clear that if Canada wants to get serious about meeting its emission reduction targets in the timeline, even in the inadequate timeline, that has been promised by the government, we have to see more projects getting built. The proof is in the pudding.

The investments are not there, and the construction is not happening. We are not going to see infrastructure that reduces greenhouse gas emissions if it is not getting built. Announcing it does not do the job, and so far all we have are announcements.

[Kody Blois, Liberal, Kings—Hants, NS]

Madam Speaker, it is a privilege to rise today to speak to the fall economic statement, which is reflected in Bill C-32.

Let me go on record just quickly about the Federal Electoral Boundaries Commission for Nova Scotia. The report was released today. I want to applaud the commission, particularly on its focus on reinstating all of Hants County as part of Kings—Hants. There was a lot of community backlash or engagement on this issue, and I certainly want to applaud the commission for its work. I know it is not an easy job, but as it relates to the boundaries in Kings—Hants, I do think objectively that it is fair and reasonable.

I am going to use my time this morning to talk about the fall economic statement and how what this government is putting forward is going to matter to my constituents. I am then going to talk about a few things that are going to be extremely important in the days ahead as we move into 2023 and start to focus on budget 2023.

This has been talked about a lot in the House. Right now, we know that times are challenging, particularly for those Canadians who are vulnerable and have lower incomes. I want to applaud the government for trying to strike the balance between fiscal discipline and making sure that there are targeted measures to help those Canadians who do need extra help right now.

First of all, there is a doubling of the GST rebate for the next six months. This is a targeted measure. Eleven million Canadians would receive it. It is something that is around $2 billion to the treasury, but it is something that matters to those families and those individuals who need a bit of extra help right now. It was approved by the House, and I certainly appreciate that it is there.

Along with that is a doubling of the Canada housing benefit. This is to about 1.1 million renters across the country who have lower incomes. I had the opportunity to speak to one of my constituents last week who was really struggling to be able to pay the bills. My riding is rural. It is outside of Halifax, but she was trying to pay a rental bill of about $1,500. That has increased significantly, even since I was elected in 2019. We know the challenges around housing, and this is a really important measure to help those who are needing the extra help.

By working together here in Parliament, we have been able to move forward on dental care support for children under 12. I believe that has actually passed the Senate. It is another important measure for children in households with incomes under $90,000 that do not have any private insurance. We are making sure those children have access to dental care. I was disappointed to see that the official opposition, the Conservatives, voted against this. I did not hear much of a rationale as to why they would not support something like this, which matters to constituents from Newfoundland and Labrador and all the way to British Columbia. However, I am pleased to see that it is going to move forward. I know it is going to make a difference for families in my riding of Kings—Hants.

Speaking as one of the youngest members of Parliament in the House, who does still indeed have student debt, albeit not federal, one of the big measures is to remove interest from the federal portion of student loans. This is something that matters. On average, it would save those who hold debt almost $400 a year, and it would make sure that we are not piling on interest at a time when students are trying to recover. This is in addition to the fact that we moved the student-loan repayment schedule from an income of $25,000 up to $40,000 before someone would have to start repaying. These are really important measures. I had the chance to be with the Minister for Women and Gender Equality and Youth at Acadia University last week. We spoke to students, and we know how important this measure is.

The Canada workers benefit is a benefit that would be brought forward on a quarterly basis. It will be automatically available to workers. Workers will not have to apply for this. This will come as part of the benefits from the government, and it is for workers who have family income below $42,000, so it is very targeted to help those who are working hard but are struggling to stay ahead. This is another affordability measure that I certainly support.

With respect to the tax-free home savings account and the doubling of the first-time homeowners tax credit, again, as a younger member of Parliament with a number of friends and people I know looking to get into the housing market, I know these are really important measures to make sure that they have tools to help purchase their first home. I applaud the government for moving forward on them.

In my riding, there is the most concentrated group of farms east of Quebec, and there is a number of supply-managed farms. Of course, this government made a promise to make sure supply-managed farms would be compensated, and I am pleased to see the government is moving forward with that. The Minister of Agriculture had the opportunity to announce that in Quebec on Monday. I know it is going to make a difference across the country, particularly for farmers in my riding. We know how important their work is, especially during the pandemic.

I have two other quick points before I transition to something else. There is the launch of the growth fund. This is a $15-billion capitalization of funds to try to draw private capital. For energy transition and opportunities for Canadian leadership on food and energy, this is a really good thing. I am pleased to see the Minister of Finance moving forward with it, along with the tax credit for the hydrogen and critical minerals sector.

I was particularly pleased with the Minister of Finance's candour about the challenges we could face in the days ahead, particularly with the prospect that we could be facing a global recession in 2023. When I look at some of the challenges, such as health care, I was disappointed to see provincial health ministers not take federal money that was on the table in British Columbia on the guise that somehow a national sharing of data was a step too far for them to be able to work together.

We are seeing challenges across the country. We want to make sure that, if we are going to put federal money on the table, it is actually going to health care and it is going to deliver on results. I was quite disappointed, but it is going to be a significant spend. The Government of Canada has made sure there will be more money coming ahead. This is one element, when we look at the fiscal discipline and the fiscal ability for the government, that will be a challenge.

Next is reducing emissions and fighting climate change, and of course Canada's position in the world. I am going to take my remaining time to talk about things I think we need to be really focused on as a Parliament in the days ahead. First of all, concerning regulatory reform modernization and non-cost measures, we need to really start talking about things that do not cost money that can help us to achieve the results and outcomes that we, as parliamentarians, or the government, may wish to see because there is going to be a real challenge on the fiscal position in the days ahead. This could include interprovincial trade.

A Senate report suggest that 2% to 4% of GDP is being left on the table. If premiers want more money for health care, that is fine. First of all, they need to stop the fakery around the idea of national sharing of data and having the results, and get out of the way to make sure we can grow the economy so we can have a sustainable way to pay for it.

I would like to see us move away from command and control regulations. We are one of the worst in the OECD in this regard. That is really important. As well, I would like to see things like a presumptive health approval, and I have said this in the House before. If an applicant comes to Health Canada and already has approvals from a jurisdiction such as the United States, Europe, Australia and New Zealand, jurisdictions that we trust their processes, why would we not give them a presumptive approval to operate in Canada until such time that Health Canada either can approve them outright or found a reason as to why they could not operate in the country?

I want to ask my colleagues if we have given thought to how we are going to double or triple energy generation in the country. As we move to EV vehicles, and as we try to move to a low-carbon economy, we need to have serious conversations on how we are actually going to generate that electricity. I submit to the House that nuclear energy needs to be a big part of that conversation. We have a tremendous opportunity in Canada to be a global leader, and we already are. We are recognized as being one of the best as it relates to nuclear energy. When we look at a zero-emission opportunity to generate electricity, we need to get more serious on it. I would like to see the government introduce nuclear as part of its green bonds initiative.

I hear too much of colleagues in the House who talk about net-neutral and getting to our 2050 goals, but that are not talking seriously about the technologies that are available before us right now and how we get there.

I would be remiss to not talk about the Atlantic loop. I hope to see in budget 2023 a firm commitment from the government to make sure there is money on the table to drive this initiative. I will go on record saying I am disappointed in Premier Houston's government and the fact that Bill 212 at the Nova Scotia Legislature is creating real challenges for Nova Scotia Power and Emera to actually raise the equity to make this happen. It is unfortunate, and I really hope he can get to the table with our provincial utility to make sure we do not squander this historic opportunity to help get Atlantic Canada off coal.

I look forward to taking questions from my colleagues, and I appreciate having this opportunity to speak today.