My understanding is that this is entirely redundant, given the passage of Bill C-59, which was the fall economic statement bill. We already did this work in that bill.
Chrystia Freeland Liberal
This bill has received Royal Assent and is, or will soon become, law.
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.
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.
Ryan Turnbull Liberal Whitby, ON
My understanding is that this is entirely redundant, given the passage of Bill C-59, which was the fall economic statement bill. We already did this work in that bill.
Ryan Turnbull Liberal Whitby, ON
Just really quickly, I think this is an attempt to fix and back out. We removed the efficiencies defence in Bill C-56. I think the original clause that was proposed by the NDP threatened to reintroduce that back in. Perhaps that wasn't intended, and I think this tries to fix that. I think it's just simpler to vote this down because we already did the work on this, and let Bill C-56 and Bill C-59 stand.
That is, indeed, our understanding as a department. It's probably worth pointing out that, in the last several weeks in deliberations of the House committee on finance as well as in the Senate committee, there have been a number of important changes undertaken to the Competition Act.
Bill C-59 at its outset proposed to enable the tribunal to take into account market share, which it was previously barred from doing. The House committee on finance took that a step further and introduced the structural presumptions approach that essentially reverses the burden of proof and puts it on the merging parties under certain conditions as they have been laid out.
This approach here would then, again, in a matter of weeks—and I believe C-59 is scheduled for third reading in the Senate today, so we can expect that it would move forward to become law shortly—introduce yet another change on top of that series of changes that have already taken place.
I understand, with the committee having taken the decision to vote down clause 8, NDP-2, which modifies clause 9, would no longer create the duplication issue that was previously flagged. However, it continues to offer some other challenges, including an outright bar against mergers over 60% market share.
I believe that this committee heard from a number of witnesses who indicated that it would be unprecedented globally and not recommended for a number of reasons. It could lead to undesirable or absurd results, of course, including in a scenario where, as many in Canada's start-up ecosystem have noted, it's often via sale to a larger player that they find an exit strategy. That can also result in some pro-competitive or pro-consumer outcomes as well.
Implementing an outright bar on mergers rather than the approach that was already taken by this committee under Bill C-59, which was to reverse the burden of proof, would be a significant step forward and one that has not been supported by stakeholders and experts.
Brian Masse NDP Windsor West, ON
Thank you, Mr. Chair.
On the advice of legislative drafters, given the changes already made in Bill C-59, we have chosen to repeat the text that is found in C-59 and modify it slightly to incorporate structural presumption mergers resulting in over 60% market share, which has been proposed in clause 8.
We heard from the Canadian Anti-Monopoly Project on the eight challenged mergers by the bureau over the last 40 years, and seven resulted in there being market shares above 60%. Four of them were near or literal monopolies, only two of which had any sort of remedy, and none of them were blocked.
We want to help the Competition Bureau rebalance the equation against corporations, monopolies and oligopolies and towards protecting consumers. We would also just recall the testimony from Mr. Péladeau with regard to the telco sector, which is very relevant to this section with potential telecom mergers in the future.
We would like this to be passed and would be hopeful that, given the testimony you had in support of this, we're going to see this actually become reality. Thank you.
Ryan Williams Conservative Bay of Quinte, ON
The 30% will be law in clause 249 of Bill C-59, and as we heard, a 60% ban was opposed by almost all witnesses, so we'll be voting no on this.
Ryan Turnbull Liberal Whitby, ON
My understanding is that this amendment would increase the backup calculation for a maximum amount of an administrative monetary penalty in the rare situation where the benefit derived from an abuse of conduct cannot be determined. It's really a backup calculation. It's not actually....
Maybe I'll just quickly ask Mr. Chhabra or any of the team if they could quickly comment on how they see this one interacting with the changes that have already been made in Bill C-56 and Bill C-59.
Louise Chabot Bloc Thérèse-De Blainville, QC
Mr. Speaker, I understand that I was not entitled to display the logo. I apologize.
I was saying that this bill helps highligth the importance of our social services and mental health services. The need for these services can arise at a very young age. In fact, it is not just individual adults who may need such services. Children, youth, parents and families may need them too. I think that COVID-19 exacerbated the tensions that may have already existed in this regard.
The bill's merit lies in the fact that it exempts professional mental health services from the goods and services tax. In other words, patients obtaining these services in the private sector will no longer have to pay the tax, which will make these services more accessible.
I do, however, have doubts as to whether exempting a private sector professional from the tax will make these services more accessible. We all know that the cost of these services in the private sector are onerous and that few people have access to them. That is why it is important to work toward making access to these services virtually universal in the public sector. In Quebec, work is under way to do precisely that.
There is also the matter of the definitions. What is psychotherapy? If we define it in simple terms, it is the psychological treatment of a person. What is mental health counselling? That is less clear, in our eyes. For example, psychological treatment services for individuals in Quebec are regulated by professional associations. We call these services “reserved”. There is a reserved title for those practising such professions. Things are less clear with mental health counselling, however. What type of profession are we talking about here?
The Ordre des psychologues du Québec cautioned us about mental health counselling, because that can be pretty much anything. There is little in the way of training, and it is not regulated. If mental health counselling is not better defined, we are not certain that this legislation will strengthen what we are trying to strengthen, which is why we were so interested in studying this bill in committee. As it turned out, though, it was not possible to study it in committee.
This bill should have been studied in the Standing Committee on Finance, but because of economic omnibus bills, such as Bill C-59 or the current Bill C-69, which deals with the budget, the usual 60-day deadline for committee study, after referral of a private member's bill, was not met. Despite a request for an extension, this bill could not be studied.
That is quite troubling. It makes us think about the process of studying bills. We should ensure that a bill passed at second reading in the House also passes at the committee stage. Had that happened, we would have heard from experts and witnesses who could have better defined what the bill seeks to do, especially in terms of psychotherapy and mental health counselling services. That would have been important.
Aside from Quebec, I do not know how mental health services are regulated in the Canadian provinces. What are the definitions for the provinces? Are these regulated professions, or do those professionals have the authority to provide psychotherapy services? In any case, the committee process would have been very important.
Since we were not able to study it in committee, we are now here in the House to pass this bill. The Bloc Québécois nevertheless supports it. We know there is currently a certain inequity in terms of the excise tax exemption. We know it applies to doctors and psychologists. It should apply just as much to these mental health professionals─ and I say “professionals” because, for us, that is important─at least when we see the growing number of services in this sector.
I have to say that when it comes to mental health, Quebec was a pioneer in terms of psychotherapy legislation. This also inspired several provinces. We recently saw that the Quebec plan d’action interministériel en santé mentale 2022‑2026 outlined a framework for mental health by focusing on seven specific areas, namely, the promotion of mental health and prevention of mental health problems, services to prevent and respond to crisis situations and actions aimed at youth, their families and their loved ones, in particular.
I do not have the time to list them all, but want to say that mental health is a priority for our social services, which, as we know, have a very strong role and presence in our society. That is also why, with the modernization of legislation on professions, the Ordre des psychologues du Québec has been entrusted to deliver licences to practise to other professionals such as school counsellors and psychoeducators, as well as nurses.
If we had had time to study Bill C‑323 at committee, we would have been able to add other types of professionals to the list. That was not possible, so we have to leave it at that. I would remind the House that the definition of “mental health counselling” really needs to be clarified to ensure that we have regulated services by professionals, which is the case in Quebec.
As I said at the beginning, I will close by saying that it is all well and good to address inequity when it comes to the GST, but that is not going to guarantee universal access, which is what people really want when it comes to the services provided by mental health workers and professionals. That will take a major investment in our public services, because Quebec's education sector, its health and social services sector and its community organizations do require significant funding.
The problem is, the federal government is going to fix things by removing a tax while it continues to chronically underfund our health and social services. If the private sector is given a bigger role in our system, which I find unacceptable, I think we really need to ask ourselves how much the federal government needs to invest in health and social services to enable Quebec and the provinces to strengthen their public systems.
Judy Sgro Liberal Humber River—Black Creek, ON
Mr. Speaker, I am very happy to have the opportunity to take part in the debate at third reading of Bill C-323, an act to amend the Excise Tax Act on mental health services. As we all know, this bill would exempt supplies of psychotherapy and mental health counselling services from the goods and services tax and the harmonized sales tax, or the GST/HST, something which we already support.
In fact, we proposed our own legislation, Bill C-59, which, alongside other affordability measures, would achieve the very same goal of making counselling services more accessible.
We welcome and applaud any initiative that helps make mental health supports more affordable for Canadians, but Bill C-59 was introduced on November 30, 2023, seven months ago. If the Conservatives truly cared about making life more affordable for Canadians and offering support to those seeking psychotherapy and counselling and therapy services, they would have easily supported Bill C-59. Instead, the obstruction and delay tactics have delayed that critical bill, subjecting Canadians to paying the GST/HST on these services for an additional seven months.
I look forward to discussing this impactful legislation, as well as our government's ongoing work to support the mental health and well-being of Canadians and help save lives.
Our government's economic plan is about building a strong economy, one that works for everyone, and Bill C-59 would deliver critical pieces of the 2023 fall economic statement, so we can make life more affordable, build more homes and create good jobs from coast to coast to coast.
A key pillar of this plan is ensuring that Canadians have the mental support they need to thrive and to build a better life for themselves and their family, which is why Bill C-59 also proposes to exempt professional services rendered by psychotherapists and counselling therapists from the GST/HST.
How will this work? Services that assist individuals in coping with an illness or a disorder will be exempt from the GST/HST in a province if it is provided by a person who practises the profession of psychotherapy or counselling therapy and is licenced to practise in that province. Similarly, if a province has no such licensing requirements, psychotherapy and counselling therapy services will also be exempt from the GST/HST model in that province if the services are provided by a person who has the qualifications equivalent to those necessary to be so licensed in another province. Straightforwardly, this measure will change and, quite frankly, save lives.
Bill C-323 was passed unanimously at second reading, and has the support of the House, which recognizes the importance we all place on mental health. The provisions included in Bill C-59 would improve on the already interesting proposals put forward by the hon. member for Cumberland—Colchester.
Notably, Bill C-323's proposal raises concerns as far as “mental health counselling” is not a defined term in some provincial regulations. As a result, if that term were added to the GST/HST definition of “practitioner” for GST/HST purposes, which is what Bill C-323 proposes, it is not clear which mental health counsellors, or even any of them, would actually meet the requirement to be licensed or certified to practise in this profession. This could result in the amendment having no practical effect, and mental health counsellors may continue to be required to collect the GST/HST on a supply of mental health counselling services.
To address this risk, the references to “mental health counselling” and “mental health counselling services” would have to be replaced by “counselling therapy” and “counselling therapy services”, such that the amended text of Bill C-323 would be identical to the text in Bill C-59. In addition, Bill C-59 is likely to provide real tax relief to individuals with mental health issues sooner than the measure under Bill C-323.
Even if Bill C-323 were to receive royal assent before Bill C-59, the relief under Bill C-59 would begin to apply before the relief measures under Bill C-323, as the measures in Bill C-323 would only apply six months after the date on which it receives royal assent.
That said, I would like to acknowledge and thank my hon. colleague for this important work and for giving us all an opportunity to talk about mental health services that are necessary. Together, we are making steps in the right direction when it comes to breaking down the barriers to mental health care still faced by so many Canadians.
This brings me to our government's achievements and the focus we have put on mental health supports.
Since announcing our historic $200-billion health care plan last year, we have reached agreements with all provinces and territories to strengthen Canada's universal public health care system, including funding for mental health care. These agreements are delivering $25 billion in new funding to provinces and territories over the next decade to improve health care for all Canadians.
We are also investing $2.4 billion to help provinces and territories bolster mental health and substance use services, so help gets to those who need it quickly and effectively. Last fall, we improved access to suicide prevention supports by launching the 988 suicide crisis helpline, which was advanced by my colleague across the way. It is available to Canadians wherever and whenever it is needed, and I am glad that has been done.
More recently, as part of our plan to ensure fairness for every generation, budget 2024 proposed a suite of new investments aimed at improving mental health care for Canadians, including the creation of a new youth mental health fund, which will support community health organizations that provide mental health care to young Canadians. We will also equip those organizations with the tools and resources they need to refer youth to other mental health services in their communities. When we invest in our youth and their mental health, we also invest in helping them reach their full potential. That is so needed at a time when millennials and gen Z feel as if the cards are stacked against them.
Budget 2024 also includes supports that provide continued access to mental health services for indigenous people, including approaches to mental health that are culturally appropriate for first nations, Inuit and Métis.
These transformational investments build on the significant actions that the federal government has taken over the past years to expand access to community-based mental health and addiction services for all Canadians. This includes investing $359 million over five years in support of the renewed Canadian drug and substance strategy, which is now guiding our government's work to save lives and protect the health and safety of Canadians.
It includes providing $5 billion over 10 years to provinces and territories, as announced in budget 2017, for mental health and addiction services. It includes providing $14.25 million in annual funding to the Mental Health Commission of Canada to advance mental health in the priority areas of suicide prevention, mental health and substance abuse, engagement with Canadians and population-based initiatives.
It also includes supporting the mental health promotion innovation fund with another $5 million in additional funding to support the delivery of innovative community-based programs in mental health promotion for infants, children, youth and their caregivers, as well as funding to support priority groups susceptible to mental health inequities, like LGBTQ2+ members, and newcomers and refugees.
We are doing all of this because we know that a strong and effective public health care system is essential to the well-being of Canadians and because we know there is simply no health without mental health.
Ryan Turnbull Liberal Whitby, ON
Thank you.
My last question is around is another point of debate that is left over, I think.
In previous rounds and consultations that were done after Bill C-19 was passed, in the lead-up to Bill C-56 and Bill C-59, and those rounds of changes there were lots of conversations about what are called structural presumptions and the idea that within a merger review, we're looking at a number of different factors.
I think a lot of what we heard in the consultation was that market share could be an indicator of a substantial lessening of competition, but is not sufficient in itself to determine whether a merger should be blocked or not.
Bill C-352, the private member's bill that we're discussing, reinserts that into the bill. We repealed that, on the one hand, in Bill C-59. We repealed the section of the Competition Act that expressly prohibits the tribunal from concluding that a merger is likely to harm competition “solely on the basis of evidence of concentration or market share.”
The reason is that most of the experts say that market share isn't sufficient in itself because there are contextual factors. There are times where market share or concentration may increase slightly with a merger, but that doesn't necessarily harm competition in every case. The point is that the tribunal can still consider any factors. It's the same with the efficiencies defence. The tribunal can still consider efficiencies within its merger review process and it can still consider market share and concentration, but we don't want to reinsert that as a structural presumption that is the only factor that determines their decisions.
Mr. Charlebois, maybe I could ask you if you concur with that finding as well.
Should we stick with the things we heard in the consultation, which led to the change that Bill C-59 introduced or should we go backwards and reintroduce market share back into it?
Ryan Turnbull Liberal Whitby, ON
Thanks, Chair.
Just following up on my last line of questioning, I'd like to focus my remaining time on two other lines of questions. Two other pieces of Bill C-352, which is the private member's bill we're talking about, have not been addressed.
What I think we heard from witnesses is that about 98% or 99% of all the things that are in Mr. Singh's private member's bill have already been dealt with in Bill C-19, Bill C-56 and Bill C-59, which have made successive rounds of changes—I would call it a comprehensive package of amendments—over time, in three different bills, to our competition laws. I could go through all those changes, but we would run out of time very quickly.
I want to focus on two points.
One is that the fines that are being introduced in Bill C-352 put an upper limit on the fines.
We heard from the lawyers who were here earlier in the week that, in fact, allowing the discretion of the courts to basically determine a maximum fine is better—to have harsher penalties—than actually including a maximum upper limit to the fines people could be ordered to pay.
Mr. Charlebois, would you agree with the expertise of the lawyers that we shouldn't be reintroducing an upper limit?
Most legal proceedings that happen don't end up starting at a maximum penalty and over time, the courts could decide, if there's repeated behaviour, to surpass any upper limit we might conceive of here today.
What would you say about that, Mr. Charlebois?
Sean Heather Senior Vice-President, International Regulatory Affairs and Antitrust, U.S. Chamber of Commerce
Madam Chair, on behalf of the U.S. Chamber of Commerce, I thank you for the invitation and the opportunity to be here to provide testimony to the standing committee as it evaluates actions ahead of the CUSMA review.
The chamber has a long-standing commitment to the North American economic relationship. No organization in the United States has been a more vocal advocate for a strong and mutually beneficial partnership with Canada and Mexico. We are guided by principle, not politics. We defend and promote free enterprise, free markets, rules-based trade and investment, and the rule of law.
The trilateral relationship goes beyond the impact of our $1.7-trillion annual three-way trade to include significant direct investment ties and highly integrated value chains that support millions of jobs across all three countries. Our three countries have the potential to expand this important relationship and work together to meet shared challenges, such as the diversification of semiconductor production, energy security, energy transition, food security and critical minerals.
CUSMA is intended to facilitate closer economic co-operation and provide legal certainty for cross-border trade and investment. The chamber calls on each of the three governments to address implementation and compliance issues and uphold the spirit and letter of the agreement. In short, we each must keep our word.
For example, the chamber has called for the U.S. government to uphold the dispute settlement panel ruling on automotive rules of origin published back in January 2023. As we aim to make North America the most competitive global platform for vehicle production, the future of the continent's automotive industry depends on the certainty provided by this agreement. In addition, maintaining our competitive edge also means avoiding the expansion of U.S.-driven buy American policies. In short, we need to recognize that in North America, we make things together.
At the same time, we appreciate the opportunity to highlight areas that require Canada to fulfill its CUSMA commitments. Canada is advancing an ambitious digital agenda. We are concerned that Canada is looking to bolster its competitiveness at times by targeting U.S. businesses. Such policies not only erode Canada's culture of innovation and competitiveness, but also undermine Canada's commitment to maintaining open and fair business climates.
First, I'd like to flag our concern with the Canadian Radio-television and Telecommunications Commission's decision to impose an initial based contribution of 5% on U.S. streaming services. This decision fails to recognize the investments made by American streaming services in Canada's creative sector. Indeed, Americans can hardly turn their televisions on without seeing programs created here in Canada.
Consequently, Americans find it ironic that Bill C-11 specifically targets U.S. companies in a manner that may violate Canada's international trading obligations, including those under CUSMA. This action appears to contravene commitments that guarantee a minimal standard of treatment, require equal treatment of foreigners and local enterprises, and obligate Canada to refrain from imposing certain performance requirements on foreign direct investment.
Second, we have a deep concern over the potential for Canada to reintroduce its unilateral digital services tax by implementing Bill C-59. The DST is set to introduce discriminatory measures against U.S. companies, violating Canada's obligations under CUSMA and the WTO and contradicting Canada's commitment to the G20 OECD process. Adding to our concern is the fact that Canada's proposed DST is two and potentially three years retroactive. We would note that the Office of the United States Trade Representative has investigated several measures substantially similar to those proposed by Canada—including a French DST, on which the Canada version is modelled—and found them to be unreasonable or discriminatory and burdensome or restrictive to U.S. commerce and thus actionable under U.S. trade law.
Last, we have serious concerns with the artificial intelligence and data act, which is part of Bill C-27, currently being studied by your colleagues in the House of Commons industry committee. In its current draft, the bill is overly broad and restrictive, capturing a potentially endless number of low-risk use cases that risk putting Canada out of step with the U.S. and other important trading partners on AI regulation. If it moves forward, we are concerned that it will have an adverse effect on Canada's competitiveness, hinder AI development, limit business exploration and ultimately affect productivity and economic growth. During our visit to Ottawa this week, we'll be hosting an AI policy dialogue precisely to discuss some of the challenges and opportunities related to AI.
At the chamber, we are focused on keeping the 2026 CUSMA review in perspective. While the three trading partners are sovereign states, no one has identified a compelling reason to undertake a wide-ranging renegotiation of this agreement. Primarily, this upcoming review is an opportunity to ensure implementation and compliance with the existing commitments. Having said that, Canadian policies such as Bill C-11, the proposed DST, and Canada's approach to AI all have the potential to complicate this review. Perceptions that Canada is violating CUSMA commitments will serve to increase pressure to criticize the agreement during the review process.
In closing, the chamber stands ready to work with our partners in Canada to continue to build a strong North American partnership. We thank you for this opportunity to share our views at this hearing and look forward to your questions.
Daniel Wolfish Assistant Deputy Minister, Canada Water Agency, Department of the Environment
Chair and members of the committee, thank you for having me here today.
I'm Daniel Wolfish. I'm the acting assistant deputy minister for the Canada water agency.
It's a delight for me to return to your committee and to participate in your study. As the chair noted, I am joined by several colleagues.
I would like to begin by acknowledging that we're located on the traditional unceded territory of the Algonquin Anishinabe people, who have been stewards of these lands and waters for millennia.
I am very encouraged by your exploration of the provincial and territorial needs and perspectives.
Freshwater is an area of shared jurisdiction in Canada, and the federal government works very closely with the provinces, territories and indigenous rights holders. Canada is committed to upholding the United Nations Declaration on the Rights of Indigenous Peoples.
Budget 2023 announced a major investment to support and protect fresh water in Canada, including implementing a strengthened freshwater action plan, creating the Canada water agency and advancing the review of the Canada Water Act.
We engaged provinces and territories on the creation of the Canada water agency. Many provinces and territories support the creation of the agency to strengthen the whole-of-government coordination and to support science, data and funding initiatives. The federal government has been clear that the agency's work will remain within federal authority, will respect provincial and territorial jurisdiction and will be highly collaborative.
In June 2023, the Canada Water Agency was created as a branch reporting to the Department of Environment and Climate Change.
Last November, as part of legislation included in 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 agency was fully established as a stand-alone entity outside the department.
The agency’s mandate is to improve freshwater management in Canada by providing leadership, effective collaboration at the federal level, and improved collaboration with the provinces, territories and indigenous peoples to proactively address national and regional transboundary freshwater challenges.
Our work will not duplicate or compete with existing legislative or regulatory frameworks for fresh water. The agency will focus on intergovernmental collaboration by leveraging existing FPT mechanisms, such as the Canadian Council of Ministers of the Environment.
There are other excellent examples of effective FPT co-operation, including the national hydrometric program, which is led by the national administrators table with representatives from each of the provinces and territories, and with the national hydrological services providing federal leadership.
The Canada water agency is delivering key elements of the strengthened freshwater action plan. These include work in eight federal water bodies of national significance. Many of these initiatives are already occurring in collaboration with provinces and territories, and there are long-standing agreements in place with Ontario, Quebec and Manitoba. Furthermore, ongoing work in interjurisdictional domestic water bodies has facilitated collaboration on transboundary freshwater management, such as the work of the Prairie Provinces Water Board and the Mackenzie River Basin Board.
The Canada Water Agency is also helping advance review of the Canada Water Act.
The pre-engagement phase has been launched. We are currently meeting with representatives from all interested provinces and territories. Furthermore, the agency provides support for the development of the National Freshwater Data Strategy. In September, we will be holding a workshop to collaboratively develop approaches to freshwater data.
Environment and Climate Change Canada leads the development of the National Freshwater Scientific Program and relevant engagement. This program will take the form of a road map, developed inclusively and collaboratively, to identify the most urgent freshwater challenges in Canada.
We recognize the committee's work on fresh water. We welcome your findings, and we're excited to see the conclusions of your freshwater study. This will certainly inform our work, going forward.
Thank you.
Brian Masse NDP Windsor West, ON
Thank you.
I haven't had a chance to get Professor Iacobucci and Professor Quaid in, so I want to take the opportunity to have them reflect on European law. A good example is the U.K., which just extended their windfall taxes on oil and gas. As Mr. Ross mentioned, that's one strategy out there.
All we have available to us as a tool, and what Mr. Singh had available to him, is a private member's bill, which was eclipsed by other stuff. We can either choose to make some improvements or ignore it altogether and wait for probably another three years to do anything.
Where do we fit in now that we've had Bill C-19, Bill C-56, Bill C-59 and Bill C-352, whatever we choose to do with it, compared to our American and European colleagues, in your opinion, as it pertains to competition protection for Canadians? I'd really appreciate your input and analysis. I know it's pretty hard to do, but just give us a snapshot of where we are.
I understand you're advocating—and so am I—for a larger picture, but this is what we have in front of us, and we have it for a lot of different reasons. It's part of our democratic process until we get a government that wants to do a full review.
Professor and Toronto Stock Exchange Chair in Capital Markets, Faculty of Law, University of Toronto, As an Individual
There's overlap, but I'd have to go back and cross-reference. One of the challenges I find with this process is that it has come in iterations.
As to what's in Bill C-56 versus Bill C-59 versus Bill C-19 versus Bill C-352, I'd have to take a moment to respond to you on that. I'll just wait and pass.