Affordable Housing and Groceries Act

An Act to amend the Excise Tax Act and the Competition Act

Sponsor

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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

Part 1 amends the Excise Tax Act in order to implement a temporary enhancement to the GST New Residential Rental Property Rebate in respect of new purpose-built rental housing.
Part 2 amends the Competition Act to, among other things,
(a) establish a framework for an inquiry to be conducted into the state of competition in a market or industry;
(b) permit the Competition Tribunal to make certain orders even if none of the parties to an agreement or arrangement — a significant purpose of which is to prevent or lessen competition in any market — are competitors; and
(c) repeal the exceptions in sections 90.1 and 96 of the Act involving efficiency gains.

Elsewhere

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

Votes

Dec. 11, 2023 Passed 3rd reading and adoption of Bill C-56, An Act to amend the Excise Tax Act and the Competition Act
Dec. 5, 2023 Passed Concurrence at report stage of Bill C-56, An Act to amend the Excise Tax Act and the Competition Act
Dec. 5, 2023 Passed Bill C-56, An Act to amend the Excise Tax Act and the Competition Act (report stage amendment) (Motion No. 3)
Dec. 5, 2023 Failed Bill C-56, An Act to amend the Excise Tax Act and the Competition Act (report stage amendment) (Motion No. 2)
Dec. 5, 2023 Failed Bill C-56, An Act to amend the Excise Tax Act and the Competition Act (report stage amendment) (Motion No. 1)
Nov. 23, 2023 Passed 2nd reading of Bill C-56, An Act to amend the Excise Tax Act and the Competition Act

Affordable Housing and Groceries ActGovernment Orders

October 3rd, 2023 / 4:55 p.m.


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Liberal

Ryan Turnbull Liberal Whitby, ON

Madam Speaker, I support the fact that the Competition Bureau's powers needed to be amended and strengthened so that it can undertake market studies and look at mergers that may not be in the best interest of Canadians or in the best interest of a competitive marketplace, which is specifically what Bill C-56 aims to do.

It is outlined in the work that we did when I was on the agriculture and agri-food committee. The Competition Bureau clearly cited in its recent report on grocery price inflation just how limited some of its powers were and how much that inhibited its ability to come to conclusions. I think these powers are a great addition.

Affordable Housing and Groceries ActGovernment Orders

October 3rd, 2023 / 4:55 p.m.


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Liberal

Ryan Turnbull Liberal Whitby, ON

Madam Speaker, it was good to see my hon. colleague out in Oshawa this weekend as well. We share an interest in fighting homelessness and solving the affordable housing challenges that Canadians find themselves in.

Our government, unlike previous Conservative governments, has made a historic investment, through the national housing strategy, of $82 billion, which has repaired units, built new units and lifted many people out of homelessness across Canada. That is work that is still under way. There is still money rolling out for those investments through the rapid housing initiative, and we have since added measures on.

Bill C-56 would add a new measure, and would be to lift GST for rental construction, which is itself anticipated to help create or unlock 200,000 to 300,000 more units of affordable housing for Canadians.

Affordable Housing and Groceries ActGovernment Orders

October 3rd, 2023 / 4:40 p.m.


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Whitby Ontario

Liberal

Ryan Turnbull LiberalParliamentary Secretary to the Minister of Innovation

Madam Speaker, today I rise in this chamber to debate Bill C-56, which would make several important and timely amendments to the Competition Act. A stronger competition framework is good for all Canadians, ensuring that companies are playing fairly, preserving opportunities for new firms to enter the market and ensuring that consumers benefit from more and better choices in the marketplace.

The bill includes three significant changes to the Competition Act: one, the ability for the Competition Bureau to compel information during a market study; two, the abolition of the efficiencies defence from merger review; and finally, the enabling of the review of agreements between any two parties when the agreement is designed to limit competition. These three important amendments stem from the government's extensive consultations, which took place over the last several months. These measures and others like them have widespread support, particularly from Canadians and small businesses. They reflect the concerns raised and respond to the pleas of many stakeholders from a wide variety of backgrounds.

The Department of Innovation, Science and Economic Development has released a report on what it heard during its consultations. I strongly recommend that all my colleagues review it to gain an understanding of the stakes involved and learn about some of the issues under consideration as the government takes the next steps.

With that in mind, I would like to share some of what stakeholders had to say in support of the measures that ended up in this bill.

Regarding market studies, the consultation drew a significant number of comments on the importance of knowing how our markets function. The majority of stakeholders felt that the Competition Bureau needed access to the best information and that this was the norm in most other countries. The Canadian Anti-Monopoly Project, a think tank dedicated to Canadian competition policy, stated that the lack of formal bureau powers in this area cripples its ability to understand new and emerging markets. It makes the bureau less able to assess if its enforcement decisions have had the desired impact.

OpenMedia, a consumer organization dedicated to an open and free Internet, stressed the need for the bureau to have the power to proactively study new and emerging markets. In markets especially fraught with high levels of concentration, serious and persistent problems need to be detected in order to be tackled.

The importance of a competitive freight transport sector to bring goods to Canadians was driven home during the COVID-19 pandemic and the supply chain difficulties that it brought. A joint submission by the Freight Management Association of Canada and numerous producers and shippers who rely on our transportation infrastructure also came out in favour of a framework for market studies. They highlighted that the international nature of ocean shipping means national authorities need to be even more vigilant in monitoring the behaviour of the companies at their ports. Data collection systems are integral to assessing the impact on Canadian trade and business, and the bureau needs to be able to collect information outside of an enforcement context to properly detect problems.

The Macdonald-Laurier Institute, a national public policy think tank, probably familiar to many members of Parliament, explains how an expanded information-collection power should be supported by traditionalists and reformers alike and serves to fill other information gaps that hinder government.

There was also a wide call for appropriate safeguards attached to market studies. The Canadian Bar Association asked that information requests be subject to judicial authorization and open to challenge by the parties, while the Business Council of Canada insisted that if studies were to be introduced, there must be time limits on their duration and that the responsible minister should provide approval to launch such a study. These guardrails are all provided for in the proposed approach outlined in Bill C-56.

Now I would like to turn to another amendment to the Competition Act, which relates to the efficiencies defence. Long before the public consultation, the Competition Act's efficiencies exception has been a focus of commentary. This provision allows anti-competitive mergers to survive challenge if they generate corporate efficiencies that are said to outweigh competitive harm, even if consumers pay the price.

There was no shortage of submissions to the consultation on this particular topic. It is the area of concern that received the most engagement, with a strong majority supporting its abolition. The Public Interest Advocacy Centre, a national not-for-profit organization that promotes inclusive decision-making and protection of consumer interests, explained how the original policy intent of creating internationally competitive companies had not been met. It felt that the efficiencies defence has, in fact, served to protect domestic companies from competition, at consumers' expense. The Centre for International Governance Innovation has also come out against the efficiencies defence, which it sees as a mistaken attempt to bring more predictability to the law.

Abolishing the defence is the right thing to do in recognition of the increasing concentration of multiple industries across Canada, as well as the corresponding decrease in competition. These factors create a significant drag on the real efficiency of our marketplaces, and the productivity and international competitiveness of our economy.

Unifor, Canada's largest private sector union, explains how the efficiencies generated are often only passed on to the shareholders at the direct expense of laid-off workers. The cost savings of efficiencies come from a decrease in personnel, resulting in a less competitive industry that can more easily capture value for those at the top.

Moreover, the Canadian Federation of Agriculture, the National Farmers Union and L'Union des producteurs agricoles, all key players in Canada's food procurement and supply chain, have come out in favour of the abolition of the efficiencies defence as well. Their reasons include a skepticism of the ability for efficiencies to overcome anti-competitive effects and their significant contribution to the ease of unfavourable acquisitions in Canada.

Lastly, I wanted to talk about collaborations as another topic this bill addresses. The consultations also raised the question of whether the bureau should be able to review collaborations between non-competing entities when they harm competition. Currently, the law addresses only agreements or arrangements formed between real or potential competitors, and Bill C-56 would expand that in some circumstances. A majority of those who commented on the matter supported broadening the law.

The Consumers Council of Canada felt that the exclusion of certain agreements from reviewability renders the bureau unable to deal with real competition issues. They explain how commercial relationships established with good intentions by both sides can still lead to unanticipated and unintended consequences, and the bureau should not leave it up to businesses to decide—

Affordable Housing and Groceries ActGovernment Orders

October 3rd, 2023 / 4:25 p.m.


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Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Mr. Speaker, I am going to talk today about Bill C-56, which is the Liberal-NDP government's attempt at dealing with the affordability issue.

To talk about the legislation itself, we first need to look at where we are in this country, and it is not a very pretty picture. If we look at where we are right now, mortgage payments over the last eight years have virtually doubled in this country from coast to coast to coast. We have a similar issue now with rent all across the country. If we look at the average rents being paid now, that amount has also virtually doubled. This is the track record of the Liberal government, which now suddenly seems to be concerned about affordability for Canadians.

However, the bad news for Canadians does not stop there. It used to take 25 years to pay off one's mortgage. Now it takes the average Canadian 25 years to save for their mortgage. Think about what the difference between those is. Some people might say that is not their problem and that this is a young person's problem when they are trying to get into the market. It is bad enough if it is a young person's problem, but it is also affecting average Canadians right here and right now.

I was recently informed about a person whose mortgage has come up for renewal. Their mortgage was coming from that nice, low fixed interest rate. People will remember those low interest rates the Prime Minister said were going to be there for a very long time, the interest rates the Governor of the Bank of Canada said were going to stay low for a very long time. Based on that, many people took mortgages with a very low interest rate because it allowed them to have a mortgage payment they could afford. However, as mortgage rates have continued to go up, as the Bank of Canada has continued to raise interest rates in order to fight inflation, average Canadians now have to pay the bill as a result of this.

In this particular circumstance, this family has said that it can hold on for about another six months with this increased mortgage payment. They can dig into savings and they can further borrow for about six months, and then they are not going to be able to make the mortgage payments on their home. That is the consequence of eight years of the Liberal government.

Inflation is out of control. I hear it all the time in my riding of Dufferin—Caledon. People come up to me in the grocery store and say to me that they now have to only go to the grocery store to shop bargains. They do not actually have a grocery list, because they can buy only what is on sale. This is all they can afford. After eight years of the Liberal government, this is what people are saying to me in the grocery store. It is a shocking turnaround for Canadians. They are having trouble paying their mortgages. They are having trouble buying groceries. They are having trouble heating their homes as a result of the carbon tax. All of these things are making life more expensive for Canadians.

There is a simple solution. There are actually two very simple solutions the government could implement right away. Number one is that it could cut the carbon tax. We know that would have an immediate impact, because, as has been said by Conservatives in the House of Commons over and over again, the farmers are taxed on farm produce. As they produce it, they are taxed with the carbon tax. Whether that is for drying the grain, driving the combines or whatever, they are paying a carbon tax. When that crop is harvested, the driver of the truck that comes to pick it up is going to pay the carbon tax. When it goes to be processed, there is a carbon tax. When a truck picks it up to take it to the grocery store, there is a carbon tax. At the grocery store, the carbon tax is heating the grocery store; therefore, the store owner is paying a carbon tax as well.

At the end of the day, Canadians cannot afford to pay for food, and they end up saying that they do not even have a grocery list and just go to the grocery store and buy whatever is on sale. If we would have said this to Canadians eight years ago, they would have said that this was not possible. In a country like Canada, food is abundant. We feed the world because we have the best farmers in the world, who are great stewards of the land. If we had said eight years ago that Canadians would only be able to go to the grocery store and shop bargains, that would have been an inconceivable thought, but here we are.

After eight years of the Liberal government, that is the sad situation that Canadians find themselves in. It is very difficult to pay the mortgage, very difficult to buy groceries, very difficult to pay rent and very difficult to buy a house. That is the Liberals' record. That is the context that we look at when they bring in this bill.

This is not a new problem. Conservatives have been talking about this problem for the last number of years. In fact, the Conservative leader, many years ago, said that the inflationary spending caused by the government was going to drive up inflation, which would then drive up interest rates. He is looking more and more like Nostradamus with that prediction. As for me, 18 months ago, I rose to speak about the impact of the carbon tax on food production. I said that it was going to cause a massive increase in the cost of food, and here we are. The Liberal government cannot therefore claim that somehow this is a new problem, that it was unaware of the problem. It was well aware. It was well forewarned and did absolutely nothing about it.

When we look at this particular bill, what is amazing to me is that Liberal members will get up in this House during debate and during question period and talk about how, as a result of tabling this legislation, one developer has said it is now going to build 5,000 rental units. They puff out their chests and say to look at them, look at the amazing things they have accomplished. Well, let us put that into context.

According to the CMHC, we will need to build three million more homes between now and 2030 than are planned or scheduled to be built. The plan is that we will build two million homes. We will have to build three million more than that in order to get back some affordability.

As I have said a few times in this chamber, I went to law school because I was not good at math. However, what I did before I prepared for this speech is decided to get out my calculator and look at this. I saw that 5,000 units out of the three million we need is 0.0016%. If I had a child come home with a bad grade, and the teacher not only put an F on there but said that my son got 0.0016% on the test, I would not be a proud father. However, somehow these members walk around like they have discovered fire with this plan to build such a small number of houses.

It is even worse. To even come up with some of their plan, they had to take from the Conservative leader's plan. With grocery affordability, again, the best thing they could do is cut the carbon tax, which they repeatedly vote against. We know that this would bring the most relief. They also decided they are going to bring in some Competition Act changes, which they also stole from a Conservative member of Parliament's private member's bill. When a government is completely out of ideas, affordability has gone off the scale and Canadians are deeply hurting, what does the government, the brain trust and all of the political advisers they have come up with? Well, they just take what the Conservatives said they were going to do.

They have only taken some of it. What we have here is a plan that is not going to do anything to address the affordability crisis that is going on across the country, and there is a real consequence. I spoke about this in question period. For example, there is Paula in B.C., 71, who is retired. She is now saying that she might have to move out of her house because the landlord is going to sell it. She is also facing a 75% increase in rent as a result of that. That is their record. They have not provided solutions quickly or ones that are going to address the concerns of Canadians.

The House resumed from September 27 consideration of the motion that Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, be read the second time and referred to a committee.

HousingOral Questions

October 3rd, 2023 / 3:35 p.m.


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University—Rosedale Ontario

Liberal

Chrystia Freeland LiberalDeputy Prime Minister and Minister of Finance

Mr. Speaker, in my first answer, let me just congratulate you in this historic role. It is historic for Canada.

While the Conservatives recite trite and misleading talking points, our government is acting for Canadians. With Bill C-56, we would be getting more homes built by lifting the GST on purpose-built rental, and we would be acting to stabilize grocery prices with historic changes to competition law that would bring competition to the grocery sector.

Opposition Motion—Carbon TaxesBusiness of SupplyGovernment Orders

September 28th, 2023 / 3:55 p.m.


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Liberal

Adam van Koeverden Liberal Milton, ON

Madam Speaker, my colleague's argument is, in fact, doomed to fail. Quebec has had a cap-and-trade program for over a decade. Perhaps that is because, unlike the Conservatives here, Premier Legault's government genuinely believes in fighting climate change.

Quebec's food inflation is equivalent to Ontario's, and we are looking to implement real solutions for affordability. The Conservatives have no credibility when it comes to issues of affordability or climate change.

If the members opposite would like to support affordability, they should vote for Bill C-56, the affordable groceries and housing act, but they are playing games on the other side for bumper stickers and T-shirts. This is not serious policy. They need to talk to at least one expert about what they are talking about.

Business of the HouseOral Questions

September 28th, 2023 / 3:15 p.m.


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Burlington Ontario

Liberal

Karina Gould LiberalLeader of the Government in the House of Commons

Mr. Speaker, I would like to congratulate you on your appointment, even though it is temporary, but I would also like to thank you, on behalf of the government, for agreeing to serve as interim Speaker to ensure an smooth transition while we await the next Speaker of the House of Commons. Thank you for taking on this role as dean of the House.

Tomorrow, we will begin the second reading debate on Bill C‑50, the Canadian Sustainable Jobs Act. On Monday, the House will stand adjourned to mark the National Day for Truth and Reconciliation. When we return on Tuesday, the first order of business will be the election of a new Speaker. When we resume our work that day, we will continue the second reading debate on Bill C‑56, the Affordable Housing and Groceries Act. On Wednesday, we will resume debate at second reading of Bill S‑12, an Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act. If the debate on Bill C‑56 is not completed, we will resume second reading debate on Thursday. On Friday, we will proceed to second reading of Bill C‑49, an Act to amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act.

Carbon PricingOral Questions

September 28th, 2023 / 2:20 p.m.


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Oakville Ontario

Liberal

Anita Anand LiberalPresident of the Treasury Board

Mr. Speaker, I would like to put the question to the opposition as to whether those members will actually support Bill C-56, which is before the House.

Instead of voting against every measure that goes to support Canadians, whether it is senior citizens, workers or small businesses, the Conservatives have a choice. We urge them to vote in favour of Bill C-56.

Opposition Motion—Carbon TaxBusiness of SupplyGovernment Orders

September 28th, 2023 / 1:15 p.m.


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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I would like to say hello to the hon. member from Calgary who just shouted something out. He is a gentleman and an avid golfer. I wish him the best.

Making sure Canadians have access to affordable child care is important, but we also know that far too many Canadians are struggling with the increasing cost of essentials, such as housing and groceries.

Such initiatives as putting a price on carbon, an effective and affordable way to combat climate change, has been putting more money back in the pockets of Canadians. Eight out of 10 households get more money back than they pay, with low- and middle-income households benefiting the most.

We know that more needs to be done to address affordability. That is why we began this fall parliamentary session by introducing Bill C-56.

I just came from subbing in on the finance committee with CMHC officials, and it was great to talk about the removal of the goods and services tax on new purpose-built rental housing to encourage the construction of more rental homes, including apartment buildings, student housing and senior residences, across Canada.

I come from an area of the country where builders build houses and the associations are located. Since 2015, I will put on record, I have argued that we remove the GST on purpose-built rental housing in combination with the provinces. The GST combined with the HST would allow, encourage and incentivize more purpose-built rental housing to be built across the country and here in Ontario even more so. All the associations are applauding it. I encourage this measure and that Bill C-56 be passed as quickly as possible by all sides of the House.

For a two-bedroom rental unit valued at $500,000, the enhanced GST rental rebate could deliver $25,000 in tax relief.

This is another tool to help create the necessary conditions to build the types of housing that we need, that Canadians need and that families want to live in. This measure would also remove the restriction in the existing GST rules to ensure that public service bodies, such as universities, colleges, hospitals, charities and qualifying non-profit organizations that build or purchase purpose-built rental housing, are permitted to claim the 100% enhanced GST rental rebate. The government is also calling on the provinces that currently apply provincial sales taxes or the provincial portion of the HST on rental housing to join us by matching our rebate for new rental housing.

In fact, the finance minister of Ontario, an old colleague of mine whom I worked with for a number of years in Toronto at DBRS, came out that same day and said that the Province of Ontario would be joining the federal government in removing the tax on purpose-built rental housing, the HST portion on the federal side. We encourage all provinces and territories to join in, follow the lead of some of the provinces and territories and eliminate the provincial component.

We are also requesting that local governments put an end to exclusionary zoning and encourage building apartments near public transit in order to have their housing accelerator fund applications approved. Earlier this month, the government announced that London, Ontario, will be the first city to benefit from this fund, and it will certainly not be the last. It represents one of the ways we are encouraging initiatives aimed at increasing housing supply. It also supports the development of complete, low-carbon, climate-resilient communities that are affordable, inclusive, equitable and diverse.

Every community across Canada needs to build more homes faster, so we can reduce the cost of housing for everyone. We know that there are more cranes currently in the city of Toronto than in any other city in North America. We could combine cities in North America, and we would not reach the same number of cranes. I want to salute all the builders and workers out there from the carpenters union, IBEW, the pipefitters, everyone working on the condos and high-rises in downtown Toronto, in the GTA, across Ontario and Canada who get up every morning and build the housing we need. We need to applaud them. We are going to give them more work, not just today but in the years to come.

Without more homes in our communities, it is difficult for businesses to attract the workers they need to grow and succeed. When people spend more of their income on housing, it means less money is being spent in our communities for necessities such as groceries. We are taking immediate steps to enhance competition in the Canadian economy, with a focus on the grocery sector, to help stabilize costs for middle-class Canadians.

Through Bill C‑56, the government is introducing the first series of legislative changes to the Competition Act to give more power to the Competition Bureau to investigate when industries are behaving unfairly, for example where price fixing or price gouging is occurring, and take enforcement action; remove the efficiencies defence, to end anti-competitive mergers that raise prices and limit choices for Canadian consumers; and empower the Competition Bureau to block collaborations that stifle competition and consumer choice, particularly in situations where large grocers prevent smaller competitors from establishing operations nearby.

By making these changes, we will empower the Competition Bureau to investigate price gouging and price-fixing. I have been calling for this for a very long time. More competition and less consolidation, more innovation and lower prices mean more choice for consumers across Canada.

In conclusion, our government understands that many Canadians still need to get through these difficult times. Canadians are being pressured, and we understand that. The focus of our government is investing in Canadians, restoring middle-class prosperity and building a country where everyone has a real chance to succeed. We will continue to do that day after day.

Gabriel Ste-Marie Bloc Joliette, QC

Thank you, Mr. Chair.

I thank Ms. Bendayan for letting Mr. Morrice speak. Actually, I think that Parliament should review its procedures and fully recognize parties with fewer than 12 members. That would be a great help to democracy.

I have a question for the Department of Finance on the GST portion of Bill C-56. We've talked about this at length. The bill contains no specifics on the type of buildings or housing that will be covered, nor any affordability requirements to qualify for the GST rebate, but it does give the government the authority to clarify these matters through regulations.

Why aren't the eligibility criteria for the rebate in the bill? It's unusual in terms of taxation.

Patrick Weiler Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Thank you, Chair.

I really appreciate the testimony from our witnesses already today.

I want to pick up on a line of questioning from Mr. Baker. This is a question for Mr. Dugan from CMHC.

I was hoping you could share with this committee your estimates on the impact on new purpose-built rental projects that will be built if Bill C-56 passes and GST is eliminated on purpose-built rentals.

Affordable Housing and Groceries ActGovernment Orders

September 27th, 2023 / 5:55 p.m.


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Fredericton New Brunswick

Liberal

Jenica Atwin LiberalParliamentary Secretary to the Minister of Indigenous Services

Madam Speaker, today I rise to address this chamber with respect to Bill C-56, specifically its amendments to the Competition Act. This is the regime that enables the Competition Bureau to protect our economy from actors and acts that would unduly and artificially increase prices and decrease product choice for consumers. An empowered Competition Bureau means a Canadian marketplace that is more innovative, efficient, and, most important, affordable. In my home province of New Brunswick in particular, where household incomes on average are lower than in the rest of the country, we need to use every tool at our disposal to bring down food prices for Canadians and their families.

The series of proposals enclosed in Bill C-56 may be part of the response to a global inflation crisis driving up the costs of Canadian necessities, but they are also a long-awaited package that would better align our competition framework with international best practices.

The bill includes three significant changes to the Competition Act: the abolition of the efficiencies exception in merger review, the ability to compel information during a market study, and the ability to review agreements between non-competing actors that are designed to reduce competition.

The efficiencies exception, a defence that allows anti-competitive mergers to survive a challenge if the corporate efficiencies they are expected to generate are greater than the harm to competition, is unique among advanced competitive regimes. It allows a merger to proceed knowing full well that consumers may pay higher prices, to help the merging companies save costs.

The European Commission, one of the most active and visible competition authorities around, does not treat efficiencies in this manner. Our European counterparts will consider efficiencies as relevant only when those efficiencies are likely to benefit consumers; they never rely on corporate efficiencies to justify an anti-competitive merger.

In Australia, the law itself does not list efficiencies as a factor to consider in deciding merger cases. In fact, the Australian Competition and Consumer Commission has published guidelines stating that it will not clear anti-competitive mergers even if the new firm would enjoy a lower-cost structure.

Of course, the comparison often used, given our proximity, is the United States. The courts in our neighbouring jurisdiction have specifically ruled that possible corporate efficiencies from a merger cannot be used as a defence to justify an anti-competitive merger. Efficiencies must be pro-competitive and passed through in some capacity to the marketplace and not just the merging companies.

In this way, Canada is out of step, which is illustrated perfectly by the fact that the U.S. Federal Trade Commission has successfully challenged a Canadian merger that our own Competition Bureau could not, because of claimed efficiencies. For example, when Superior Plus Corp. was going to acquire Canexus in 2016, the bureau found that the competition would suffer materially in a number of markets. It predicted a lack of remaining competition and higher prices for consumers. Nevertheless, because of the provision in the Competition Act, the bureau had no choice but to refrain from challenging the transaction, as the efficiency gains could be shown to outweigh the anti-competitive impacts.

With no similar constraints, the United States Federal Trade Commission mounted a challenge because of what would be the resulting high rate of concentration in the sodium chlorate market. It also found evidence of the acquiring party's desire to restrict output post-merger, an increased ability to collaborate with competitors, and its desire to neutralize Canexus as a disruptive lower-price alternative.

Without even delving into the important question of whether promised efficiencies are ever delivered, it should be clear that this defence can lead to detrimental effects on competition. It is about time that Canada joined the rest of the world in putting competition first.

I would now like to speak specifically about the market study powers. Our current market study framework is another area where we are out of step. The bureau can periodically study industries to better understand their competitive dynamics and make recommendations to government, such as the retail grocery market study that it released last June. However, the bureau has no means to compel parties to provide any information and instead relies on voluntary submissions, public data or information it already happens to have.

This is not the case in comparable jurisdictions, once again. In the United States, the Federal Trade Commission has the authority to demand a compulsory special report that answers specific questions about an organization's business, conduct, practices, management and relationship to other parties. The European Commission can conduct studies into sectors or agreements across various sectors and can request necessary information or carry out inspections. The Australian Competition and Consumer Commission can also ask the treasurer to instigate a price inquiry that allows authorities to access information on a wide variety of topics.

All of the above jurisdictions have serious sanctions for failure to comply, ranging from the ability for the enforcers to conduct a much wider study to fines based on the company's annual turnover. Moreover, these studies have proven to be a valuable tool for market insight. The USFTC, when faced with the novel problem of serial acquisitions by dominant tech platforms, launched its version of a market study to compel information on relevant mergers.

Similarly, in 2022, the United Kingdom's competition authority concluded a market study in the music and streaming industry to better understand why there had been a 40% revenue drop over 20 years. The retail grocery code that is currently in effect in the U.K. is also the direct result of recommendations by the competition authority after a detailed market study. Also, the Government of Australia, in response to ballooning electricity prices, ordered a price inquiry that resulted in a series of high-impact recommendations to government, many of which were directly related to enhancing competition.

Canada has had five market studies since 2007: retail grocery, digital health care, financial technology, self-regulated professions and the generic drug sector. Were the bureau empowered with the ability to compel information from elected companies, it is not difficult to imagine just how much more fruitful these studies really could have been.

Lastly, the third reform in this bill concerns agreements in restraint of competition that are made between parties who are not competitors. Sometimes this is called “vertical collaborations”. This has been identified as an issue relevant to restrictive clauses made between commercial landlords and supermarket tenants to keep grocery competitors out of the property, thus limiting competition. The Competition Act has a number of provisions that could apply to some vertical collaborations, but will not necessarily if the specific facts do not quite line up perfectly with the statute. Its most basic provision on anti-competitive collaborations meanwhile is limited to those between real or potential competitors or horizontal collaborations.

Once again, we are the outlier in this approach. Our peers in the United States, Europe and Australia can examine vertical agreements that limit competition, such as by restricting distribution channels or territories of operation. In one notable case, the United States' Department of Justice challenged Visa and Mastercard for their contract terms with merchants that limited consumer options. When our own Competition Bureau tried to mount a similar case, the limits of the Competition Act meant it was forced to bring the case under an ill-suited provision, and it lost. The Competition Tribunal could not issue an order, even though it recognized the competitive harm. It was a viable lesson in the importance of a modern legal framework that reflects how today's marketplace operates.

We have seen that it is time for Canada to join the club, so to speak, and emulate the best practices of our peers. This is why I encourage my colleagues to join me in supporting this bill's passage.

Affordable Housing and Groceries ActGovernment Orders

September 27th, 2023 / 5:35 p.m.


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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, it is an honour to rise for the first time in this session of Parliament to speak to Bill C-56, an act to amend the Excise Tax Act and the Competition Act.

The lack of affordable housing has been top of mind in my riding of Bruce—Grey—Owen Sound as home and rental prices have continued to increase over the last eight years.

To give members some data, in 2015, when the current government took office, rental units were on average $700 a month, I did have a fairly wide variance as I represent a large rural riding, but now that rent is well over $1,000 per month. An average house price in 2015 was $311,000 whereas now it is over $608,000. Further complicating this is home sales are down over 27% below the five-year average, and over 31% below the 10-year average.

This speaks directly to the impact the Liberal government's inflationary deficit spending is having on the economy and the ability for people to get into homes, not only to get them built, but to afford to build them or to move into rental units. This has finally come home to roost with the Liberal government, which is acting now, albeit far too late. It is funny that it finally comes forward with a bill to help make life more affordable for Canadians at the same time that the hon. leader of the official opposition introduced his bill, the building homes not bureaucracy act. It liked the bill so much it decided to take a piece of it and call it its own. I guess we could say that imitation is the sincerest form of flattery. I would offer that it could save itself a lot of work by just passing the more comprehensive bill from the Leader of the Opposition.

One of the aspects of the bill that I question is how it is going to address the immediate housing crisis that Canadians are facing right now. If we read the bill, these rental housing units do not even have to be completed until 12 years from now, in the year 2035.

This housing issue has been going on and I have been hearing about it almost the whole time since I was elected. I hosted a housing task force meeting just over a year ago back in my riding because I recognized that this issue transcends all levels of government, elected officials and stakeholders. Everybody has a piece to play in solving this. Those stakeholders included my counties, health units, realtors, builders, chambers of commerce, not-for-profits, co-op housing groups and the construction sector. I would like to paint the picture of the complexity of this issue we are facing and why this bill does not go far enough. There is the increasing cost of land to build on; rising interest rates; the Nimbyism that is existing at all levels, but in particular at the municipal level; development charges and red tape; labour shortages in the construction sector; high inflation on building goods and everyday goods caused by not only supply chain issues, but more importantly, the carbon tax; and the deficit spending of the Liberal government.

This cost of living crisis has basically exhausted the not-for-profits in my area as the demand for aid continues to increase. They have been calling for the removal of the GST on not-for-profits as well, not just what is being proposed in Bill C-56. Existing landlords are hesitant to rent out their properties due to the challenges that so many Canadians are facing because of a frequency of home takeovers, and the excessive red tape for private investment because federal government programs are too restrictive. Ultimately, removing the GST from eligible purpose-built rentals is just one small drop in the bucket for what the residents in my riding of Bruce—Grey—Owen Sound need to see in order to fix this housing crisis.

The government likes to talk about some of its other programs, like the housing accelerator fund. I had the privilege of sitting on the HUMA committee when we first studied the housing accelerator fund, but it has failed to demonstrate its utility. Today, I am only aware of one announcement of any funding going out under that program.

When I asked the minister specifically at committee a year ago about how this is going to help a large portion of Canada, i.e., those of us who live in rural Canada, he admitted on the public record that this funding is geared toward the major urban centres in this country, not for the rest of Canada.

I was lucky enough to question the president of the CMHC at that committee as well about the level of bureaucracy and complications. I will mention a specific example of the challenges that not-for-profits were facing. Ultimately, I was successful in advocating for a change.

There was a not-for-profit senior housing development that was running into roadblocks because of the Liberal government's inflationary spending and the costs that have gone up, as I highlighted earlier, to the point where it had to buy down, according to the CMHC, through its financial institution, the actual lending rate.

It was not allowed to talk or renegotiate that, because now the prices had doubled. I will get into specifics a bit later. It was being told it could not communicate in it. Fortunately, when I had the president there, we were able to come to a solution, but the point is that too much bureaucracy is causing the problems. We need fewer gatekeepers, not more.

I will get into some of the specifics I just mentioned. In this case, the construction costs had gone from $3 million to $7 million for this not-for-profit. That is why it is so important that we change it.

In prepping for this speech, I reached out to a number of stakeholders and not-for-profits in my area to ask how this would help them. They feel it is a step in the right direction, but there are plenty of tangible steps the government needs to take in order to make more substantial changes.

I mentioned charities and not-for-profits. I have Habitat for Humanity in my riding; it is a charity that builds homes for low-income residents, and it suggested removing the GST from the sale of homes being built for charities as well, because that is not mentioned at all in the bill. A challenge it specifically faces is that, when fair market value rises, so does the GST, which makes it more expensive for charities such as Habitat for Humanity to build these homes for low-income Canadians, especially given the affordability crisis that Canadians are facing, which has now reduced the charitable donations these charities are receiving.

Additional feedback I got from charities was to remove the compounding carbon tax and clean fuel standards, as they increase costs significantly for charities, which receive no rebate off these additional taxes.

Ultimately, Bill C-56 contains a number of half measures, ideas taken from opposition parties, including, as I already mentioned, the hon. Leader of the Opposition, and, on the competition side, from my colleague from the Bay of Quinte. They have an overreliance on existing programs that are obviously not working, and they are just redoing funding announcements. As I said, while there are some solid measures in this bill that may encourage the construction of more homes, more must be done now to catch up and ensure that Canadians have a roof over their head immediately.

Specifically regarding the housing portion of the bill, the reality is that there is a lot more value in the hon. Leader of the Opposition's building homes not bureaucracy act as a bill, because it goes far beyond just removing the GST from certain new builds. It sets out a road map for bringing homes that people can afford to more Canadians.

Ultimately, if the Liberal government is serious about addressing housing affordability, it would fast-track the Leader of the Opposition's bill and make it law today.

Affordable Housing and Groceries ActGovernment Orders

September 27th, 2023 / 5:35 p.m.


See context

Liberal

Leah Taylor Roy Liberal Aurora—Oak Ridges—Richmond Hill, ON

Madam Speaker, the member asked a couple of different questions.

Band-aids do not heal wounds, it is true, but Bill C-56 is definitely more than a band-aid. We know we need more housing, and this would provide more housing. We have heard it from many experts. This would help Canadians get more affordable housing, especially in the rental sector.

Additionally, on the subject of farmers, absolutely farmers are hard-working. I come from a family of farmers. In my Dutch background, my mother's family are all farmers, and they talk to me. They recognize climate change is a reality and that we need to work on this as well to help them deal with climate events.