Fall Economic Statement Implementation Act, 2023

An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023

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 has also written a full legislative summary of the bill.

Part 1 implements certain measures in respect of the Income Tax Act and the Income Tax Regulations by
(a) limiting the deductibility of net interest and financing expenses by certain corporations and trusts, consistent with certain Organisation for Economic Co-operation and Development and the Group of Twenty Base Erosion and Profit Shifting project recommendations;
(b) implementing hybrid mismatch rules consistent with the Organisation for Economic Co-operation and Development and the Group of Twenty Base Erosion and Profit Shifting project recommendations regarding cross-border tax avoidance structures that exploit differences in the income tax laws of two or more countries to produce “deduction/non-inclusion mismatches”;
(c) allowing expenditures incurred in the exploration and development of all lithium to qualify as Canadian exploration expenses and Canadian development expenses;
(d) ensuring that only genuine intergenerational business transfers are excluded from the anti-surplus stripping rule in section 84.1 of the Income Tax Act ;
(e) denying the dividend received deduction for dividends received by Canadian financial institutions on certain shares that are held as mark-to-market property;
(f) increasing the rate of the rural supplement for Climate Action Incentive payments (CAIP) from 10% to 20% for the 2023 and subsequent taxation years as well as referencing the 2016 census data for the purposes of the CAIP rural supplement eligibility for the 2023 and 2024 taxation years;
(g) providing a refundable investment tax credit to qualifying businesses for eligible carbon capture, utilization and storage equipment;
(h) providing a refundable investment tax credit to qualifying businesses for eligible clean technology equipment;
(i) introducing, under certain circumstances, labour requirements in relation to the new refundable investment tax credits for eligible carbon capture, utilization and storage equipment as well as eligible clean technology equipment;
(j) removing the requirement that credit unions derive no more than 10% of their revenue from sources other than certain specified sources;
(k) permitting a qualifying family member to acquire rights as successor of a holder of a Registered Disability Savings Plan following the death of that plan’s last remaining holder who was also a qualifying family member;
(l) implementing consequential changes of a technical nature to facilitate the operation of the existing rules for First Home Savings Accounts;
(m) introducing a tax of 2% on the net value of equity repurchases by certain Canadian corporations, trusts and partnerships whose equity is listed on a designated stock exchange;
(n) exempting certain fees from the refundable tax applicable to contributions under retirement compensation arrangements;
(o) introducing a technical amendment to the provision that authorizes the sharing of taxpayer information for the purposes of the Canadian Dental Care Plan;
(p) implementing a number of amendments to the general anti-avoidance rule (GAAR) as well as introducing a new penalty applicable to transactions subject to the GAAR and extending the normal reassessment period for the GAAR by three years in certain circumstances;
(q) facilitating the creation of employee ownership trusts;
(r) introducing specific anti-avoidance rules in relation to corporations referred to as substantive CCPCs; and
(s) extending the phase-out by three years, and expanding the eligible activities, in relation to the reduced tax rates for certain zero-emission technology manufacturers.
It also makes related and consequential amendments to the Excise Tax Act and the Excise Act, 2001 .
Part 2 enacts the Digital Services Tax Act and its regulations. That Act provides for the implementation of an annual tax of 3% on certain types of digital services revenue earned by businesses that meet certain revenue thresholds. It sets out rules for the purposes of establishing liability for the tax and also sets out applicable reporting and filing requirements. To promote compliance with its provisions, that Act includes modern administration and enforcement provisions generally aligned with those found in other taxation statutes. Finally, this Part also makes related and consequential amendments to other texts to ensure proper implementation of the tax and cohesive and efficient administration by the Canada Revenue Agency.
Part 3 implements certain Goods and Services Tax/Harmonized Sales Tax (GST/HST) measures by
(a) ensuring that an interest in a corporation that does not have its capital divided into shares is treated as a financial instrument for GST/HST purposes;
(b) ensuring that interest and dividend income from a closely related partnership is not included in the determination of whether a person is a de minimis financial institution for GST/HST purposes;
(c) ensuring that an election related to supplies made within a closely related group of persons that includes a financial institution may not be revoked on a retroactive basis without the permission of the Minister of National Revenue;
(d) making technical amendments to an election that allows electing members of a closely related group to treat certain supplies made between them as having been made for nil consideration;
(e) ensuring that certain supplies between the members of a closely related group are not inadvertently taxed under the imported taxable supply rules that apply to financial institutions;
(f) raising the income threshold for the requirement to file an information return by certain financial institutions;
(g) allowing up to seven years to assess the net tax adjustments owing by certain financial institutions in respect of the imported taxable supply rules;
(h) expanding the GST/HST exemption for services rendered to individuals by certain health care practitioners to include professional services rendered by psychotherapists and counselling therapists;
(i) providing relief in relation to the GST/HST treatment of payment card clearing services;
(j) allowing the joint venture election to be made in respect of the operation of a pipeline, rail terminal or truck terminal that is used for the transportation of oil, natural gas or related products;
(k) raising the input tax credit (ITC) documentation thresholds from $30 to $100 and from $150 to $500 and allowing billing agents to be treated as intermediaries for the purposes of the ITC information rules; and
(l) extending the 100% GST rebate in respect of new purpose-built rental housing to certain cooperative housing corporations.
It also implements an excise tax measure by creating a joint election mechanism to specify who is eligible to claim a rebate of excise tax for goods purchased by provinces for their own use.
Part 4 implements certain excise measures by
(a) allowing vaping product licensees to import packaged vaping products for stamping by the licensee and entry into the Canadian duty-paid market as of January 1, 2024;
(b) permitting all cannabis licensees to elect to remit excise duties on a quarterly rather than a monthly basis, starting from the quarter that began on April 1, 2023;
(c) amending the marking requirements for vaping products to ensure that the volume of the vaping substance is marked on the package;
(d) requiring that a person importing vaping products must be at least 18 years old; and
(e) introducing administrative penalties for certain infractions related to the vaping taxation framework.
Part 5 enacts and amends several Acts in order to implement various measures.
Subdivision A of Division 1 of Part 5 amends Subdivision A of Division 16 of Part 6 of the Budget Implementation Act, 2018, No. 1 to clarify the scope of certain non-financial activities in which federal ‚financial institutions may engage and to remove certain discrepancies between the English and French versions of that Act.
Subdivision B of Division 1 of Part 5 amends the Trust and Loan Companies Act , the Bank Act and the Insurance Companies Act to, among other things, permit federal financial institutions governed by those Acts to hold certain meetings by virtual means without having to obtain a court order and to permit voting during those meetings by virtual means.
Division 2 of Part 5 amends the Canada Labour Code to, among other things, provide a leave of absence of three days in the event of a pregnancy loss and modify certain provisions related to bereavement leave.
Division 3 of Part 5 enacts the Canada Water Agency Act . That Act establishes the Canada Water Agency, whose role is to assist the Minister of the Environment in exercising or performing that Minister’s powers, duties and functions in relation to fresh water. The Division also makes consequential amendments to other Acts.
Division 4 of Part 5 amends the Tobacco and Vaping Products Act to, among other things,
(a) authorize the making of regulations respecting fees or charges to be paid by tobacco and vaping product manufacturers for the purpose of recovering the costs incurred by His Majesty in right of Canada in relation to the carrying out of the purpose of that Act;
(b) provide for related administration and enforcement measures; and
(c) require information relating to the fees or charges to be made available to the public.
Division 5 of Part 5 amends the Canadian Payments Act to, among other things, provide that additional persons are entitled to be members of the Canadian Payments Association and clarify the composition of that Association’s Stakeholder Advisory Council.
Division 6 of Part 5 amends the Competition Act to, among other things,
(a) modernize the merger review regime, including by modifying certain notification rules, clarifying that Act’s application to labour markets, allowing the Competition Tribunal to consider the effect of changes in market share and the likelihood of coordination between competitors following a merger, extending the limitation period for mergers that were not the subject of a notification to the Commissioner of Competition and placing a temporary restraint on the completion of certain mergers until the Tribunal has disposed of any application for an interim order;
(b) improve the effectiveness of the provisions that address anti-competitive conduct, including by allowing the Commissioner to review the effects of past agreements and arrangements, ensuring that an order related to a refusal to deal may address a refusal to supply a means of diagnosis or repair and ensuring that representations of a product’s benefits for protecting or restoring the environment must be supported by adequate and proper tests and that representations of a business or business activity for protecting or restoring the environment must be supported by adequate and proper substantiation;
(c) strengthen the enforcement framework, including by creating new remedial orders, such as administrative monetary penalties, with respect to those collaborations that harm competition, by creating a civilly enforceable procedure to address non-compliance with certain provisions of that Act and by broadening the classes of persons who may bring private cases before the Tribunal and providing for the availability of monetary payments as a remedy in those cases; and
(d) provide for new procedures, such as the certification of agreements or arrangements related to protecting the environment and a remedial process for reprisal actions.
The Division also amends the Competition Tribunal Act to prevent the Competition Tribunal from awarding costs against His Majesty in right of Canada, except in specified circumstances.
Finally, the Division makes a consequential amendment to one other Act.
Division 7 of Part 5 amends the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act to exclude from their application prescribed public post-secondary educational institutions.
Subdivision A of Division 8 of Part 5 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,
(a) provide that, if a person or entity referred to in section 5 of that Act has reasonable grounds to suspect possible sanctions evasion, the relevant information is reported to the Financial Transactions and Reports Analysis Centre of Canada;
(b) add reporting requirements for persons and entities providing certain services in respect of private automatic banking machines;
(c) require declarations respecting money laundering, the financing of terrorist activities and sanctions evasion to be made in relation to the importation and exportation of goods; and
(d) authorize the Financial Transactions and Reports Analysis Centre of Canada to disclose designated information to the Department of the Environment and the Department of Fisheries and Oceans, subject to certain conditions.
It also amends the Budget Implementation Act, 2023, No. 1 in relation to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and makes consequential amendments to other Acts and a regulation.
Subdivision B of Division 8 of Part 5 amends the Criminal Code to, among other things,
(a) in certain circumstances, provide that a court may infer the knowledge or belief or recklessness required in relation to the offence of laundering proceeds of crime and specify that it is not necessary for the prosecutor to prove that the accused knew, believed they knew or was reckless as to the specific nature of the designated offence;
(b) remove, in the context of the special warrants and restraint order in relation to proceeds of crime, the requirement for the Attorney General to give an undertaking, as well as permit a judge to attach conditions to a special warrant for search and seizure of property that is proceeds of crime; and
(c) modify certain provisions relating to the production order for financial data to include elements specific to accounts associated with digital assets.
It also makes consequential amendments to the Seized Property Management Act and the Forfeited Property Sharing Regulations .
Division 9 of Part 5 retroactively amends section 42 of the Federal-Provincial Fiscal Arrangements Act to specify the payments about which information must be published on a Government of Canada website, as well as the information that must be published.
Division 10 of Part 5 amends the Public Sector Pension Investment Board Act to increase the number of directors in the Public Sector Pension Investment Board, as well as to provide for consultation with the portion of the National Joint Council of the Public Service of Canada that represents employees when certain candidates are included on the list for proposed appointment as directors.
Division 11 of Part 5 enacts the Department of Housing, Infrastructure and Communities Act , which establishes the Department of Housing, Infrastructure and Communities, confers on the Minister of Infrastructure and Communities various responsibilities relating to public infrastructure and confers on the Minister of Housing various responsibilities relating to housing and the reduction and prevention of homelessness. The Division also makes consequential amendments to other Acts and repeals the Canada Strategic Infrastructure Fund Act .
Division 12 of Part 5 amends the Employment Insurance Act to, among other things, create a benefit of 15 weeks for claimants who are carrying out responsibilities related to
(a) the placement with the claimant of one or more children for the purpose of adoption; or
(b) the arrival of one or more new-born children of the claimant into the claimant’s care, in the case where the person who will be giving or gave birth to the child or children is not, or is not intended to be, a parent of the child or children.
The Division also amends the Canada Labour Code to create a leave of absence of up to 16 weeks for an employee to carry out such responsibilities.

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

May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 323 to 341)
May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 320 to 322)
May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 318 and 319)
May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 273 to 277)
May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 219 to 230)
May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 145 to 167, 217 and 218 regarding measures related to vaping products, cannabis and tobacco)
May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 197 to 208 and 342 to 365 regarding amendments to the Canada Labour Code)
May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 137, 144 and 231 to 272 regarding measures related to affordability)
May 28, 2024 Passed 3rd reading and adoption of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 1 to 136, 138 to 143, 168 to 196, 209 to 216 and 278 to 317 regarding measures appearing in the 2023 budget)
May 28, 2024 Failed Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (recommittal to a committee)
May 21, 2024 Passed Concurrence at report stage of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023
May 21, 2024 Failed Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (report stage amendment)
May 9, 2024 Passed Time allocation for Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 323 to 341.)
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 320 to 322; and)
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 318 and 319;)
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 273 to 277;)
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 219 to 230;)
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 145 to 167, 217 and 218 regarding measures related to vaping products, cannabis and tobacco;)
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 197 to 208 and 342 to 365 regarding amendments to the Canada Labour Code;)
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 137, 144 and 231 to 272 regarding measures related to affordability;)
March 18, 2024 Passed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (Clauses 1 to 136, 138 to 143, 168 to 196, 209 to 216 and 278 to 317 regarding measures appearing in the 2023 budget;)
March 18, 2024 Failed 2nd reading of Bill C-59, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 (reasoned amendment)

Don Davies NDP Vancouver Kingsway, BC

Thank you.

Thank you to my colleague for that. I appreciate it.

I want to get to something constructive, because that's where I think we need to be. However, I have a few comments to make just prior to that.

Just to set the record somewhat straight, I'll say that I'm new to this committee. I've been on the committee for only three weeks. One thing that I believe is important is that in a minority parliament, as has been pointed out, we try to seek a consensus on how we get business done. No party can dominate in a situation like this. Frankly, even in majority governments, I don't think a majority can ever be used in a tyrannical way, but there has to be attention paid to other parties so that other priorities can make it to the committee's business.

I think it's important to note that we did meet last week, and I was the person who proposed that we have a subcommittee on the agenda so that we could meet in camera. I'm not going to discuss anything that was said at that meeting, but the purpose of that meeting was to try to get an agreement on the scheduling for the next two months. Many of the issues that have been canvassed here today were precisely the subjects that we intended to talk about at that meeting. Therefore, it's not quite accurate to say that where we are at this moment is a surprise to anybody, because we specifically talked about each and every meeting between now and the end of June in our subcommittee meeting and tried to arrive at an acceptable agenda that met everybody's goals to some extent.

On the motion that's been put forward today, for the record, I saw this motion for the first time last night at quite a late time, but there's no real issue of any intent to offend any of my colleagues on this committee.

I do want to say that we're sitting seven of the last eight weeks. We have one break week in there. I do want to say that in terms of the break week.... By the way, if ever there was a less apt name for a week, it's “break week”. As all of us know, the last thing we all do when we go back to our ridings is have any break at all. However, it is a critical time to meet constituents and to consult. I know we're all just as busy as always, if not more busy, when we go our constituencies.

I jealously and assiduously guard that break week. It's the only one we have, and I think it's really important for some work-life balance as well, but unfortunately, that week takes out time when we could schedule meetings.

I did some quick research, and I found that in 2023 we spent 15.5 hours of witness time on the budget. In 2022, we spent 18 hours of witness time on the budget. That's excluding clause-by-clause consideration. I didn't go back to what was done before then, but if those are representative samples, that gives me a bit of an idea.

I want to say that I empathize. I've been in opposition my entire time on the Hill. I'm sorry, but I'll say it every time I hear it: We're not in a coalition government. I wish we were, but we're not in a coalition government. We don't have any cabinet seats. We don't get to make decisions. We have the confidence and supply agreement. I know that's a nice slogan that gets thrown around, but I don't think it does our political atmosphere any good to use terms that don't accurately describe the real situation.

However, being in opposition, I empathize with my Conservative colleagues when we talk about fighting to make sure that we have enough time to properly debate bills. I want to preface my proposal by saying this: Often when a bill comes to committee—just your garden variety of bill—that we've not seen before or had any study on, it's fresh. We don't know much about it, and we really need to hear from a broad variety of stakeholders and probe new concepts in order to do our job properly at committee.

A budget, to me, is a bit of a different type of bill. First of all, you have pre-budget hearings. I haven't had the pleasure of sitting in on them, but I have commiserated with and watched many previous finance critics as they go through days and days of—and travel across the country for—pre-budget hearings to hear from stakeholders. I presume it happened with this budget too.

Then we have pre-budget major announcements. I remember a day when budgets were secret until they were announced in the House.

It started with the Conservatives, actually. It's been a slow erosion of that over the last, I'd say, 10 years. In this case here, we did see major announcements made about the budget for several weeks in advance. Then we saw the budget itself.

I think we all have to acknowledge that a 416-page document has been published that contains pretty much everything about the budget. We've had a chance to read that and to study it. We've had budget lock-ups. Then we had budget briefings. Then we had the ways and means motion that was tabled. I had briefings, as I'm sure we all did. We were offered those on the budget.

When this budget implementation act comes to this committee, it's a little disingenuous to suggest that this is brand new and that we have to probe in all sorts of interesting areas. We're well aware of what's in this budget. We're well aware of what we like and, more importantly, what we don't like. We're prepared, in a way that we're not for any other bill, to probe in those areas.

We don't need 65 meetings on this budget, given the preparatory work that goes into the preparation of this budget, in the way that we would on other things. When the issue is something like medical assistance in dying or something like that, it can take months and months to canvass, and it should.

I do note that with Bill C-59, which was my inauguration to this committee, we had 20 hours of hearings. I have to say, with that 20 hours, and I think I've said this before, that I noticed a lot of repetitive testimony. We were hearing from multiple witnesses who were saying the same thing over and over again. I think that easily could have been cut by 50% or maybe more. We still would have gotten the thrust of the testimony. There were amendments made, I think from all parties, that were well crafted and that made the bill better, so I think that was important to do.

I do have to correct a couple of things that my Conservative colleague said. I think he said that the Harper government balanced its budget. I happened to have been in the House from 2008 to 2015. I missed 2006, and the truth is that the Harper government had seven consecutive deficits in a row, and it only tabled what it claimed to be a balanced budget in year eight, which was the election year. I think that turned out to be a deficit budget when the numbers rolled in anyway.

I just have to correct that for the record. I'm not taking a shot, but whether a budget was balanced or not is a matter of numbers and facts, and that's just a fact.

I also want to say that in terms of this budget, I don't share a lot of the perspectives, reasons and policies of my Conservative colleagues, but I do agree that the budget is very important. I think we come at it from different ends. I also very much share my colleague's eloquent description of the difficulty that many Canadians are facing right now. There's no question about that. I don't know if I'd say that Canada could be in a recession, but Canadians are. I'll have to ponder that one for a while. I don't think they can be. However, I can say that millions and millions of Canadians, particularly low-income and middle-income Canadians, are struggling. I'm not sure everybody is. I think there's a sector, maybe the top quartile of this population, that's probably doing very well, maybe better than normal. However, millions of Canadians are not.

Therefore, I've come to a conclusion that is the complete opposite of that of my Conservative colleague, and it is that I think those people need assistance as fast as possible. This budget has things like pharmacare. I am biased and I'm shaped by the eight years I spent as health critic. I heard too many stories of people suffering, living with diabetes, type 1 and type 2, through no choice of their own, who were out of pocket thousands of dollars every year, and they're also struggling with the high costs of food and rent, etc. They're the same kind of people who were accurately described by my colleague.

If this pharmacare legislation passes—this money that's in the bill and the legislation in the House, which, by the way, the Conservatives are holding up and are trying to block right now—and gets royal assent by the end of June, you could have the federal government negotiating with provinces as early as July and August, and that would result in free diabetes medication. I negotiated the formulary for 11 kinds of insulin, SDG inhibitors, life-saving medication for free, including the devices, needles, syringes, test strips, pumps and continuous glucose monitors.

I heard some stories of people who have children who are five years old, of parents who have to wake their child up every hour and a half at night. Imagine waking your child up at one in the morning, then at 2:30 in the morning, then at four in the morning and then going to work—never mind the trouble to the child—because you're not sure if their blood sugar levels are going to spike in the middle of the night.

This legislation would deliver them a continuous glucose monitor and an insulin pump so that the child can sleep through the night and those parents don't have to go to work the next day sleep deprived, never mind the out-of-pocket expenses. Do you know what parents do now if they're not covered for that? They'll buy that glucose monitor for their child. Who here wouldn't? Do you know what that costs them? It's thousands of dollars, so when we talk about giving Canadians economic relief right now, what about that?

That's in this budget. There is $1.5 billion in this budget to fund those programs that we want the federal government to be negotiating—that I want them to be negotiating yesterday—and the Conservatives are blocking the legislation in the House for pharmacare and the bill that would finance it here.

There is a school nutrition program. We're talking about the high cost of food; well, my primary concern for children is that I don't want a single kid in this country in grade 3 sitting at a desk trying to learn math or trying to read when their stomach is hurting them, but in addition to that, given the health and learning issues with the children and the families struggling with high food costs, what could be better right now to relieve their budget than to know that when their child goes to school, their child is getting a hot, nutritious meal in the middle of the day, five times a week?

That's one meal taken off their budget and, if you have multiple children—if you have two or three children—that's 10 or 15 lunches that you don't have to pay for. For the families I represent in Vancouver Kingsway, which is a working-class neighbourhood, if you're struggling on a total median household income of $64,000 a year, that one measure alone might be the difference, and the Conservatives are holding this up. They want to have debate on this.

Then, we have billions of dollars of affordable housing expenditure in here.

I've said this before: There are 10,000 issues in politics. We all know that. Some are foundational. Some are existential. Housing is one of them, because housing anchors you. It anchors you in your community. It anchors you in terms of your work life, your community, your neighbours and your children's school. It anchors you. Too many Canadians can't find a decent place to rent or buy for love or money, and this has been going on for decades.

I'm going to say this. This didn't start in 2015. I've been in Vancouver for 40 years. You couldn't buy an affordable house or rent an affordable house 20 years ago—or 15 years ago, for that matter. Holy mackerel—I'll show you housing prices from 2010 that not a single person in this room could afford on our incomes. It's $4 million for a house on Vancouver's west side that people bought for $60,000 30 years ago: That's the reality. This budget has money for that.

There are critical indigenous services investments. I want to talk just for a moment about the indigenous people in this country. If there's one group of people in this country that is suffering more than any other, it has to be Canada's first peoples, and this budget has billions of dollars that ought to be flowing.

I think we have to find a balance here. The balance has to be how we can preserve our role here to do a proper dive into this bill—given that we all know what's in it and we know where we want to probe—and how to get this out. Budgets are different. No government, not a Conservative government that I've ever seen and not one that we'll see in the future, will want a budget held up for three months while it's debated. This budget was tabled earlier in April. We all know that this budget has be passed by the end of June.

I will talk for just a moment about the business community in this country. Again, if I've heard one thing more consistently from the business community over my time in politics, it's this: they want certainty. They can deal with a wide variety of policies—from the left or the right—but what they do need is certainty. In a time of economic uncertainty—and we're all aware of the problems that our business community is facing with productivity, lack of investment in machinery and equipment, technology and research—we want to hasten the transition to a more sustainable economy. We know the tax credits....

I had the opportunity to ask some questions about the hydrogen and clean-technology tax credits. We heard in the fall economic statement testimony that businesses are waiting for this.

I do think the meetings that are proposed in this motion don't give quite enough time. I'm going to put in some form of amendment, but I thought I would just share this with my colleagues first.

My calculations of the witness time for this, as has been proposed, is, in theory, two hours today and two hours on Thursday. That's four hours. Then we had the 21st and the 23rd, and this motion proposes another four hours for those. That would make a total of eight hours. I don't think that's sufficient.

What I'm thinking is that we do our two hours today and we do our two hours on Thursday. On the 21st and 23rd, I think we should schedule six hours each for those meetings. That would bring us up to 16 hours—12 hours there, and the four we have this week.

I'll go back to what I said. We had 15.5 hours last year and 18 the year before that. That puts us in the normative range for budgets—right smack in there—and it still preserves our ability to have the clause-by-clause consideration starting the week of the 27th. We can get this bill out of this committee by the end of the month and into the Senate by the beginning of June.

I know that the Conservatives really want to call Mark Carney. I think they referred to him as “governor” Carney. I don't know if it's proper to call him “governor” Carney, as he's no longer the governor. He's a private citizen. If they want to call witnesses.... Once we get this set, we'll all be able to call witnesses that we want to come to testify on the budget. I fully invite my colleagues to call Mr. Carney as a witness if they wish to. That would get him earlier.

I know this programming motion would have.... I wanted to point out as well something that's not been pointed out: It gives every party something in June that they wanted. It has two meetings on the housing study, which I think my predecessor Daniel Blaikie had started; two hours on the green financing, which I think the Liberals like; and two hours on the inflation study, which I think the Conservatives want. I also thought there's a built-in time, then, for calling Mr. Carney as well on inflation, since I think it was his remarks on inflation that spurred their interest. There are a couple of different points there when they can call Mr. Carney if they want to.

I have said before that I know there's a concern if Mr. Carney doesn't come. Well, that happens in this place, and we know what the remedy for that is. We can get to that at the time. I don't know that Mr. Carney will come, but I think there's an opportunity to call him.

I think that pretty much covers what I wanted to say. I want to thank my colleague for ceding the floor and letting me have a chance to have my say.

I don't know if you want me to put it in the form of an amendment, but I'm happy to. For pro forma purposes, I will.

I'll move to amend the motion, if I could, to make the meetings on the 21st and 23rd six hours each. I think that's all the amendment that's necessary—just add the needed hours.

Thank you, Mr. Chair.

Gabriel Ste-Marie Bloc Joliette, QC

Thank you, Mr. Chair.

I'm really disappointed with this motion. I find that it's disrupting the work that the Standing Committee on Finance must do on Bill C‑69. As Mr. Turnbull said, the Subcommittee on Agenda and Procedure has not been able to come to an agreement. Basically, I think we could try to work on a motion that would focus solely on Bill C‑69. As for what happens next, there would be other discussions.

The number of hours proposed for the study of Bill C‑69 is really insufficient. In fact, if I understand correctly, we're going to have very little time today to ask the senior officials questions on parts 1 to 3 of the bill. Personally, I still have a lot of questions to ask. In my opinion, even if we didn't debate this motion, we could run out of time, which means that we would not have the answers to all our questions.

Only one hour to study part 4 is clearly not enough. We need to take the time to do things right. I would remind my colleagues that part 4 implements an open banking system. This is something new, and we need to take the time to reflect on it. In addition, what the government is proposing goes against the wishes of the Canadian Bankers Association and a number of financial institutions, if I'm not mistaken.

This bill is not aligned with the laws of the various provinces. To my knowledge, no consultations have taken place between the government or the departments and their counterparts in Quebec and the provinces. If they did happen, it was very recently. We have a lot of questions about that. In addition, a number of things need to be improved. Several details seem technical, but they will have major repercussions.

I'll give you an example. There's a bank that doesn't call itself a bank in Alberta, and it's owned by the provincial government, the Alberta government. If that institution wanted to be part of open banking, it would have to come under federal jurisdiction, at least for the part about open banking. We have to wonder why anyone would want to duplicate legal services and legal advice. That's a major concern.

It's the same thing with credit unions. If memory serves, in British Columbia, lawmakers didn't allow credit unions to come under federal jurisdiction. What about that part? Are we creating a two-tiered open banking system, that is to say for banks under federal jurisdiction and for other institutions under provincial jurisdiction? We have a lot of concerns about that. So I'm going to have a lot of questions for the officials on this. In addition, the committee is going to have to call many witnesses.

The committee must proceed with the study of a mammoth 660-page bill that affects a number of acts, makes a lot of amendments and contains a number of elements to be covered. Are we saying that we're going to finish studying the bill this week, hear from witnesses for two two-hour periods and move to clause-by-clause consideration immediately afterwards? In my opinion, that's woefully inadequate.

During the pandemic, the government urged us to pass bills. We did it on the fly, but there were a lot of mistakes. A number of things had to be corrected because the committee didn't have the time it needed to do its work properly.

This bill is 660 pages of jargon that's incomprehensible to the average person. It will take time for all stakeholders in society to read it, to reflect on it and to see whether it meets their expectations or causes problems. Therefore, we have to give all stakeholders a little time so that they can get an idea of the bill and contact us individually to share their concerns with us.

There's not enough time allotted, obviously. Let's take the example of Bill C‑59, Fall Economic Statement Implementation Act, 2023, which wasn't as significant. We spent 20 hours hearing from witnesses. Four hours are being proposed now for Bill C‑69. The officials will have been here for an hour, maybe a little longer, if we can get through this. A single hour to study part 4 is clearly not enough.

I also want to remind you that, recently, the Minister of Finance has spent only one hour at committee when she comes. However, Mr. Morneau very often stayed two hours to answer our questions. There are so many things to deal with in this bill. One hour is not enough time to ask questions.

In my opinion, it will take much longer than what's being proposed to properly study Bill C‑69, improve it and ensure that everything is in order. We had 20 hours to question witnesses on Bill C‑59, but only four hours have been proposed for Bill C‑69. That's unacceptable.

The minister should come for two hours, as Mr. Morneau did most of the time, if I'm not mistaken. We would also have to extend the deadline in order to do our work properly, which would mean holding meetings during constituency week, I believe. No one wants to do that, but if the government is in such a hurry, we will have to do it. We will also need to have additional meetings at least a week later to make sure that all stakeholders in the economy have had time to take note of the 660 highly complex pages of the bill, that everything is in order and that there's no distortion. Then, of course, we will have to withdraw what comes after the study of Bill C‑69 if we pass this motion.

So I have a lot of reservations about this motion. In my opinion, it's completely unacceptable in its current form and I won't be able to support it. In fact, I find it very cavalier to propose such a motion, which I would describe as a gag order, to take up the debate without warning while the senior officials are here to answer our questions. We have to react to it immediately, as we were unable to read it in advance.

Those are my initial comments. I'm sure I will have more.

Lindsay Gwyer Director General, Legislation, Tax Legislation Division, Tax Policy Branch, Department of Finance

Thank you, Mr. Chair.

I'm Lindsay Gwyer, director general, legislation, at the Department of Finance. I'll be speaking about part 1 of the bill.

Part 1 contains the income tax measures. There are 15 measures in part 1 of the bill, in addition to a number of technical amendments. Given the number of measures, I won't discuss them all. I'll just touch on some of the key measures. They're all summarized on the second page of the bill.

First, part 1 includes a measure to restrict deductions in respect of short-term rentals that are not compliant with applicable laws in the province or municipality in which the short-term rental is located. Part 1 also includes changes to the home buyers' plan, increasing the withdrawal limit from $35,000 to $60,000 and deferring by three years the start of the period during which individuals must repay their home buyers' plan withdrawals.

It also includes changes to certain existing tax credits. In particular, it doubles the volunteer firefighter and search and rescue tax credits, enhances the Canadian journalism labour tax credit and extends the mineral exploration tax credit by one year.

Part 1 would also implement the new Canada carbon rebate for small businesses. This measure would return a portion of federal fuel charge proceeds via a refundable tax credit directly to qualifying Canadian-controlled private corporations that have employees in provinces where the fuel charge applies.

Part 1 would also implement two new refundable investment tax credits. First, it would implement the clean hydrogen investment tax credit. The credit rate for hydrogen production would range from 15% to 40% of eligible project costs, with the cleanest hydrogen receiving the highest level of support. Ammonia production equipment that meets certain conditions would receive a 15% credit. To obtain these rates, projects would need to meet the labour requirements in Bill C‑59. The clean hydrogen credit would be available for equipment that is acquired after March 28, 2023, and would no longer be available after 2034.

The second investment tax credit is for clean technology manufacturing. It is a 30% credit that would be available for property that is acquired on or after January 1, 2024, and would no longer be available after 2034.

Part 1 would also implement significant changes to the existing alternative minimum tax. Key changes would include an increase in the rate from 15% to 20.5%, an increase in the exemption amount, a requirement to fully include most capital gains in income, and restrictions on the available tax credits and deductions.

Finally, contingent on Bill C-59 receiving royal assent, part 1 would implement a $10-million capital gains exemption available for qualifying shares of employee ownership trusts.

Those are some of the measures in part 1.

My colleagues and I would be happy to explain those or any other measures in part 1 in more detail.

FinanceCommittees of the HouseRoutine Proceedings

May 6th, 2024 / 3:10 p.m.


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Liberal

Peter Fonseca Liberal Mississauga East—Cooksville, ON

Mr. Speaker, I have the honour to present, in both official languages, the following three reports of the Standing Committee on Finance.

First, I present the 17th report of the Standing Committee on Finance, in relation to Bill C-59, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023, and certain provisions of the budget tabled in Parliament on March 28, 2023. The committee has studied the bill and has decided to report the bill back to the House with amendments.

Second, I present the 18th report, entitled “Main Estimates: 2024-25”.

Third, I present the 19th report of the Standing Committee on Finance, in relation to the motion adopted on Thursday, March 21, regarding the excess profit tax on large grocery companies.

I want to thank the members and all those who helped us get these reports prepared for Parliament.

Grocery IndustryOral Questions

May 3rd, 2024 / 11:50 a.m.


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Whitby Ontario

Liberal

Ryan Turnbull LiberalParliamentary Secretary to the Deputy Prime Minister and Minister of Finance and to the Minister of Innovation

Mr. Speaker, I know that the member opposite feels that grocery prices are too high, and they have been, certainly. However, the CPI index has shown that food prices are stabilizing in our economy, which is good news for Canadians.

What the government is doing is proposing multiple rounds of reforms to the Competition Act. It is good to see that the NDP and other parties are starting to work with us. Earlier this week, we got Bill C-59 through the finance committee, which was great progress on reforming the competition laws.

Carbon PricingAdjournment Proceedings

May 1st, 2024 / 7:45 p.m.


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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Madam Speaker, Canada's approach to carbon pricing is designed to reflect the true cost of pollution, incentivizing a collective move toward less carbon-intensive choices in energy production, home heating and transportation.

In provinces where the federal carbon pollution pricing system applies, the majority of fuel charge proceeds go right back into the pockets of individuals and families via the Canada carbon rebate, with the remaining proceeds returned through other programs to indigenous governments and small and medium-sized businesses. Residents in these provinces living in small and rural communities also receive a rural top-up, which Conservatives voted against in Bill C-59, which proposes to double the top-up from 10% to 20%. Our measures balance support and the environment together. It is through this approach that we will—

The Chair Liberal Peter Fonseca

Congratulations, everyone. We have concluded Bill C-59.

Shall we adjourn?

Adam Chambers Conservative Simcoe North, ON

That's nice. That's good.

I'd like to congratulate Mr. Davies. I've actually never seen, in probably half a dozen budgets, a budget bill get amended like it's getting amended right now. I can understand why the government's a bit nervous about it. They had six months for drafting the clauses, and we're still fiddling with some subamendments, which they've also had from all members of the committee for a couple of weeks.

I also note, just out of interest, that the ways and means motion that was tabled today amends this bill. I find it really convenient that on the day we're doing clause-by-clause on a bill that is supposed to pass, the government tables a ways and means motion that amends Bill C-59.

I think that's a whole other story that we'll save for another day, but it's not above board.

Thanks, Mr. Chair.

April 30th, 2024 / 7:20 p.m.


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Director General, Strategy and Innovation Policy Sector, Department of Industry

Samir Chhabra

Bill C-59, as drafted, obviously did not set out a statutory presumption for unlawfulness. Rather, what the bill proposes to do is to essentially repeal the bar against the tribunal issuing a merger remedy solely on the basis of evidence of concentration of market share.

The government has proposed to make a significant move from the current state of affairs, in which the tribunal cannot consider market shares as a basis for decision-making, to move towards a scenario in which, in fact, market shares can be used as an approach, which again eases the enforcement burden.

Additionally, the tribunal is expressly permitted to take into account any effect from the change in concentration of market share that the merger or proposed merger has brought about or is likely to bring about when determining the competitive effects.

Our understanding of NDP-13 is that it would further move the markers of the goalposts from a situation currently in which you cannot consider market shares to a situation in which, in fact, market shares would become a very critical consideration and would create a rebuttable presumption. In other words, it's another area among many that we've talked about today in which the burden of proof would be reversed. It would no longer be incumbent on the competition commissioner to make the case. Rather, the merging parties now would have to prove that it is not anti-competitive to move forward.

Gabriel Ste-Marie Bloc Joliette, QC

Thank you, Mr. Chair.

Esteemed colleagues, we're in a predicament here. It's really not easy to do what we're doing here.

On the one hand, we have a competition issue and that has an impact on the economy, that's for sure. There are a lot of things being done to address that. The commissioner of competition is suggesting amendments to the bill with respect to the Competition Act. I consider him to be an expert in the field. He's in a position of authority and he's suggesting that we adopt the amendment Mr. Davies proposed to us.

On the other hand, senior officials from the Department of Finance are telling us that some key issues around this could have serious consequences.

Our role is that of legislator, but we're caught between two authorities who are not saying the same thing. That's a real problem.

How did we get here? For years, the government has been promising that it will do a comprehensive reform of the Competition Act, but instead of going through with that reform, it's using a piecemeal approach with this omnibus bill, which deals with a whole host of subjects and acts and implements certain provisions of last year's budget. Meanwhile, this year's budget has been tabled and there's a briefing tomorrow on the notice of ways and means. That's where we're at. We never get to see the big picture.

That leads to situations like the one we're in right now. The government is telling us that we have to look at the Competition Act as a whole. That's its reasoning for rejecting the amendments proposed at the commissioner's request. For example, it's arguing that the threshold would be different in two parts of the act. The government never lets us see that darned big picture.

In my opinion, this shows that the government isn't doing its job well. If they'd wanted to do things properly and ensure that we, elected members who are legislators, had the time to get a complete look at this situation, they would have moved these amendments in a separate bill. That way, we could have taken the time we needed to get a good look at this.

The committee has heard from the commissioner of competition. We've heard the officials' presentations. Now, some officials with us are still making some very important and valuable points. We're flying half-blind, and we can't see the big picture. We're in this situation because the government is doing a bad job, and I condemn the situation.

Yes, the commissioner did say that the issue of his powers to block mergers was largely resolved thanks to the provisions in Bill C‑56 and what's in Bill C‑59. That said, when the Standing Committee on Agriculture and Agri-Food did its study on grocery prices, the commissioner of competition's arguments were the same ones this amendment is based on, and that committee accepted them. Therefore, if we don't pass this amendment, we're putting ourselves at odds with the Standing Committee on Agriculture and Agri-Food.

Frankly, I would have preferred that the commissioner be with us to debate this amendment in depth.

We're hearing from public servants that there are some very significant issues. However, their arguments are at odds with the commissioner of competition's request, even though the Standing Committee on Agriculture and Agri-Food accepted the commissioner's suggestions.

I find myself having to reject valid arguments to decide on this. As it stands, I will support the commissioner of competition's suggestions, agree with the Standing Committee on Agriculture and Agri-Food and the work it has done, and support Mr. Davies' amendment. Nevertheless, I strongly condemn this situation.

April 30th, 2024 / 7:10 p.m.


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Director General, Strategy and Innovation Policy Sector, Department of Industry

Samir Chhabra

I am avoiding the fact specifics of that particular case or example, in the sense that there are a number of important changes to the Competition Act that have been proposed—there's Bill C-56, which has received royal assent, and then again there are changes being proposed here through Bill C-59. I think the key piece to recognize is that on mergers in certain federally regulated sectors, including in finance and including in transport, for example, there's a two-key system. There's the Competition Bureau making its assessment and providing analysis and advice, and then there's also an opportunity for a ministerial decision to be taken. Nothing that's being proposed here or in Bill C-56 specifically changed those ministerial engagements.

April 30th, 2024 / 7 p.m.


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Senior Director, Corporate, Insolvency and Competition Directorate, Department of Industry

Martin Simard

It's asking us to opine on the decisions the tribunal has taken over the years.

I think the tidbit about the “least intrusive” remedy is fairly universal. If you look at all the merger guidelines around the world, there's a network of enforcers, and they have this part. I think the notion is you want to stop the harm, but you want to keep, if you can, the benefits of a merger, like efficiencies and so on. I don't think Canada is unique in taking the least intrusive remedy that fixes the problem. I think that's the important caveat.

I agree with you that those were the two things the commissioner highlighted, and he clearly feels that the decisions over time have been too timid and the tribunal should be constrained by the act to be more aggressive. It is also perhaps worth replacing this in the overall reforms of C-56 and C-59, which generally really strengthen...so, no efficiencies defence and stronger abuse of dominance. There's a lot that has been changed.

We were also going to talk about the potentially structural remedies just after this, and there's already the ability now for the tribunal to take into account market share alone, so there's a lot that has been done. Even if the diagnostic is that it was too weak before, there has already been a lot of change to strengthen this, and whether this one is needed or not is a question for the committee.

Julie Dzerowicz Liberal Davenport, ON

First, thank you for being here and for answering all these questions.

I think part of the reason it's so important, at least for me, is, one, we have made some really amazing progress on and generational change to our competition law, and when the commissioner came, he acknowledged that. Then he also said he felt there were two really important additions we also needed to consider for C-59. My ears did perk up at that, because I think he was very happy with C-56, C-19 and, now, the changes around competition here in C-59. However, he then very deliberately said there are two things he really feels we need to have right now. I believe, if I'm correct, the amendment that's before us.... It was when he was talking about merger reviews that he said:

Merger review is our first line of defence for protecting competition. However, when we find that a merger is anti-competitive, the law does not require strong remedies.

That's this one that we're referring to.

Then he said:

The Supreme Court held that the goal of a merger remedy is simply to mitigate the harm from a merger so that it is no longer substantial, and to do so in the least intrusive way. As a result, we sometimes end up with merger remedies that take a strong competitor in a market and replace it with a weaker one.

Do you agree with his assessment on that? Do you agree with those statements?

Don Davies NDP Vancouver Kingsway, BC

I will, Mr. Chair. I'll speak briefly and have this go to a vote.

It amends clause 249 of the bill to stipulate “that the purpose of an order made against an anti-competitive merger is to preserve or restore the level of competition that would have prevailed without the merger.”

As currently drafted:

Bill C-59 does not address the standard for merger remedies under the [Competition] Act, which remains weak by international standards. Specifically, the Supreme Court of Canada has held that remedies for anti-competitive mergers need only “restore competition to the point at which it can no longer be said to be substantially less than it was before the merger” and, moreover, that we should favour the “least intrusive” remedy that meets this standard.

As well, Mr Chair:

The emphasis, therefore, is on finding a remedy that makes the harm from anti-competitive mergers less bad, or more tolerable, rather than preserving the state of competition. And even then, the Tribunal has discretion not to order a remedy at all—section 92 only says the Tribunal “may” make various orders if it finds that a merger is anti-competitive.

As explained in the [Competition] Bureau's February 2022 and March 2023 submissions, most jurisdictions seek remedies that fully prevent the harm from anti-competitive mergers. This makes sense [to us, given that] anti-competitive mergers generally occur in concentrated markets where there is limited competition and little prospect of new entry in the future such that the effective markets are unlikely to 'self-correct'.

I'll end by further quoting the Competition Bureau. In March 2024, when they wrote this committee, they said:

Merger control should seek to preserve the level of competition in these markets as much as possible rather than allow it to be eroded through anti-competitive consolidation that is only partially remedied.

Accordingly, we recommend that Clause 249 be amended to provide that the purpose of merger remedies ordered under [section] 92 is to preserve or restore the level of competition that would have existed without the merger, consistent with international best practice.

That's exactly what our amendment would do.

Don Davies NDP Vancouver Kingsway, BC

Thank you, Mr. Chair.

NDP-9 expands the Competition Tribunal's remedial authority in cases of refusal to deal. As it's currently drafted, Bill C-59 would allow the tribunal to:

order one or more suppliers of a product, including a means of diagnosis or repair, in a market to accept a person as a customer within a specified time on usual trade terms

The proposed amendment would allow the tribunal to “order one or more suppliers of a product, including a means of diagnosis or repair, in a market to accept a per—”

This is the additional part:

—son as a customer, or to make the means of diagnosis or repair available to a person, within a specified period and on the terms that the Tribunal considers appropriate