Bill C-59

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

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.

The House resumed consideration of the motion that 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, be read the second time and referred to a committee.

Fall Economic Statement Implementation Act, 2023

[Jonathan Wilkinson, Liberal, North Vancouver, BC]

moved that 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, be read the second time and referred to a committee.

Ways and Means Motion No. 19—Speaker's Ruling

[The Speaker, Liberal, Greg Fergus]

I am now ready to provide the House with an explanatory ruling on the admissibility of Ways and Means Motion No. 19. On November 29, 2023, I ruled that the order for consideration of the motion, and the subsequent bill based thereon, be allowed to proceed further.

On November 28, 2023, the House leader of the official opposition challenged the admissibility of the motion. He pointed out that Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents), and Bill C-323, an act to amend the Excise Tax Act (mental health services), both currently in committee, were substantially the same as provisions covered in Ways and Means Motion No. 19, tabled earlier that day.

Concurrence in a ways and means motion constitutes an order to bring in a bill based on the provisions of the motion. This is indeed what happened with the subsequent introduction 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.

The House leader argued that the two private members’ bills had already been the subject of decisions of the House at second reading. The ways and means motion and Bill C-59 would violate a procedural concept, the rule of anticipation, which he described as the “same question rule”. Quoting from House of Commons Procedure and Practice, third edition, at page 568, the member seemed to suggest that a ways and means motion could not anticipate a matter already standing on the Order Paper and which was contained in another form of proceeding. He asserted that Bill C-318 and Bill C-323 were more effective tools to accomplish the desired intent than Ways and Means Motion No. 19. As such, both these bills should have priority over the motion.

He also cited precedents in relation to bills that could or could not proceed further, based on the fundamental principle that the same question cannot be decided twice within a session.

The member further suggested that Ways and Means Motion No. 19 be put in abeyance pending the outcome of Bill C-318 and Bill C-323, based on the rule of anticipation.

For his part, the parliamentary secretary to the government House leader countered that further consideration of Ways and Means Motion No. 19, as well as subsequent proceedings on an associated bill, was in order. He referenced past precedents about similar bills. He made the point that the provisions in Ways and Means Motion No. 19 contained numerous elements that are not found in Bill C-318 and Bill C-323, which indicates that the principle and scope of the ways and means motion are broader than what is found in either of the bills. As such, Ways and Means Motion No. 19, and the bill based thereon, constituted different questions.

In his intervention, the House leader of the official opposition quoted from page 568 of House of Commons Procedure and Practice, third edition, on the rule of anticipation. The Chair would like to read, from the same page, prior to the quoted passage. It states:

The moving of a motion was formerly subject to the ancient “rule of anticipation” which is no longer strictly observed.

Further down on the same page it says, “While the rule of anticipation is part of the Standing Orders in the British House of Commons, it has never been so in the Canadian House of Commons. Furthermore, references to past attempts to apply this British rule to Canadian practice are inconclusive.”

Even though the notion of anticipation is described in our procedural authorities, and the expression is sometimes colloquially used in points of order and even some past rulings dealing with similar items, it is indeed a very difficult concept to apply in our context.

Establishing a hierarchy between bills and motions, or between categories of bills, and giving precedence to some, may prove difficult, except in very specific cases, detailed in House of Commons Procedure and Practice. Bills and motions are different by nature and achieve different ends.

What the Chair is seized with in reviewing the current matter is the rule forbidding the same question from being decided twice in the same session. It is different from the concept of anticipation and, in the view of the Chair, the one that should apply.

In his submission, the House leader of the official opposition cited various recent precedents, and the Chair thinks it pertinent to describe some of their procedural subtleties.

The first example, from the last Parliament, pertained to two bills not identical, but substantially similar: Bill C-218, an act to amend the Criminal Code regarding sports betting, a private members' bill, and Bill C-13, an act to amend the Criminal Code regarding single event sport betting, a government bill. Both were at second reading and both were very short bills touching the same section of the Criminal Code.

By adopting Bill C‑218 at second reading, the House had agreed to the larger principle of repealing the very portion of the Criminal Code that Bill C‑13 also sought to amend. This sequencing left the House with a situation where Bill C‑13 could not move forward as long as Bill C‑218 continued its course.

The second example, from earlier this session, described a budget implementation bill, Bill C-19, and a votable private members’ bill amending the Criminal Code regarding the promotion of anti-Semitism, Bill C-250. The latter, introduced on February 9, 2022, contained provisions that were subsequently included in Bill C-19, introduced on April 28, 2022. However, of the two bills, the government bill was the first to be adopted at second reading and referred to committee. One of the key differences was that the two bills were not substantially identical. Bill C-19 was much broader in scope than Bill C-250. By agreeing to Bill C-19, the House de facto agreed with the principles presented in C-250. No decision having yet been made on Bill C-250, the Chair ordered that it be held as pending business until such time as royal assent be granted to Bill C-19.

Finally, the member referenced rulings dealing with two votable Private Members’ Business items, Bill C-243, an act respecting the elimination of the use of forced labour and child labour in supply chains, and Bill S-211, an act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff. The two bills had the same objective and only one was allowed to proceed further. The Chair indicated at the time that the case involved an unusual set of circumstances, since normally one of them could have been designated as non-votable by the Subcommittee on Private Members’ Business had the sequence of events been different.

The House leader's main argument hinged on the question of whether provisions contained in Ways and Means Motion No. 19 and therefore Bill C-59 are similar or identical to Bills C-318 and C-323.

Bills C‑318 and C‑323 have been both read a second time and referred to committee, while no decision has yet been made on Bill C‑59. An exhaustive review of its provisions shows that it does contain some similar provisions found in the two aforementioned private members' bills. However, Bill C‑59 cannot be described as substantially similar or identical to them.

Its scope is vastly broader, containing many more elements than what is included in Bills C-318 and C-323, including taxation legislation and provisions requiring a royal recommendation

The bills are similar in part, but are not substantially the same. The principles of Bill C-318 and Bill C-323, as adopted at second reading, are indeed included in the broader Bill C-59, but the reverse is not true. Therefore, the decision the House will take on Bill C-59 will not be the same. Accordingly, there is no procedural reason to stop the bill from continuing its journey through the legislative process.

To be clear, when a government bill and a private member's bill or when two private members' bills are substantially similar, only one of them may proceed and be voted on. Once one of the two has passed second reading, a decision cannot be taken on the other within the same session. Where bills are only similar in part, the effect of adopting one might have a different impact on the other depending on their principle, scope and, of course, which bill is adopted first.

I note that the House leader of the official opposition rose earlier today on a different point of order considering the application of Standing Order 69.1 to Bill C-59. I wish to inform the member and the House that I am reviewing the matter closely and I do intend to come back with a ruling in a timely manner.

Nonetheless, for the time being, the Chair sees no reason to rule that Bill C-59 be put in abeyance. As for the two Private Members' Business items currently in committee, it seems premature for the Chair to intervene at this time.

I thank all members for their attention.

Bill C-59—Proposal to Apply Standing Order 69.1

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Madam Speaker, I rise on a point of order pursuant to Standing Order 69.1, to ask that you treat 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, as an omnibus bill, and divide it for voting purposes at the second and third reading stages.

This argument is, of course, without prejudice to the arguments which were made last week by me in respect of the rule against anticipation and Ways and Means Motion No. 19, which preceded the introduction of Bill C-59, for which the House is still awaiting a ruling from the Speaker.

Section (1) of Standing Order 69.1 provides that “In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting". Section (2) of the same standing order makes an exception for budget implementation bills, stating, “if the bill has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation”.

As Speaker Regan ruled on November 8, 2017, at page 15143 of the Debates, where a budget bill contains measures which were not part of the budget, this budget bill exemption applies only to those elements which were in the budget itself. The non-budget elements can be divided under the provisions of Standing Order 69.1(1).

In the case of Bill C-59, calling it a budget implementation bill would be exceedingly generous. While reference to the March budget can be found in the long title, the short title ignores this, calling the bill the “fall economic statement implementation act, 2023”. Not even the government House leader, the manager of the government's parliamentary program, used it as a budget implementation bill, judging by her remarks in the last two weekly business statements. On November 23, she told the House, “it is the intention of the government to commence debate next week concerning the bill relating to the fall economic statement”. This past Thursday, she said that priority will be given to the second reading of Bill C-59, an act to implement certain provisions of the fall economic statement. Therefore, I would argue that the evident treatment given to Bill C-59 by its own proponents, would mean that its main purpose is, indeed, not the implementation of a budget. Accordingly, it would follow that the exemption found in Standing Order 69.1(2) cannot apply here.

I would further argue that Speaker Regan's November 2017 ruling can be distinguished from the facts at hand today, namely that he dealt with a budget bill with a few extra add-ons. Here, we have a bill that is not even being treated, in the main, as a budget implementation bill and that, therefore, cannot even benefit from a partial exemption, since the main purpose of Bill C-59 is not to implement a budget.

Having addressed that matter, I now wish to turn to the matter of treating the bill as an omnibus one, “where there is not a common element connecting the various provisions or where unrelated matters are linked”. In my respectful view, the fact that a series of measures may have been previewed in a fall economic statement does not amount to a so-called common element. Given that fall economic statements are often popularly dubbed “mini-budgets” and that the House itself recognizes that budgets often string together otherwise unrelated things by creating the budget implementation bill exemption in Standing Order 69.1, it is my submission that the mere inclusion of an item in a fall economic statement cannot be sufficient to overcome the treatment required for an omnibus bill.

Even if the Chair might be persuaded that all of the measures are, in one form or another, a matter of broad economic policy, I would refer you to Speaker Regan's March 1, 2018, ruling at page 17551 of the Debates:

In presenting arguments relating to Bill C-63, the hon. member for Calgary Shepard raised an interesting concept from the practice in the Quebec National Assembly. Quoting from page 400 of Parliamentary Procedure in Québec, he stated:

“The principle or principles contained in a bill must not be confused with the field it concerns. To frame the concept of principle in that way would prevent the division of most bills, because they apply to a specific field.”

While their procedure for dividing bills is quite different from ours, the idea of distinguishing the principles of a bill from its field has stayed with me. While each bill is different and so too each case, I believe that Standing Order 69.1 can indeed be applied to a bill where all of the initiatives relate to a specific policy area, if those initiatives are sufficiently distinct to warrant a separate decision of the House.

In this particular instance, I have no trouble agreeing that all of the measures contained in Bill C-69 relate to environmental protection. However, I believe there are distinct initiatives that are sufficiently unrelated that they warrant multiple votes.

Deputy Speaker Bruce Stanton dealt with another similar situation when he ruled on June 18, 2018, at page 21163 of the Debates, in respect of a former Bill C-59, stating it:

...does clearly contain several different initiatives. It establishes new agencies and mechanisms for oversight of national security agencies and deals with information collection and sharing as well as criminal offences relating to terrorism. That said, one could argue, as the parliamentary secretary did, that since these are all matters related to national security, there is, indeed, a common thread between them. However, the question the Chair must ask itself is whether these specific measures should be subjected to separate votes.

He goes on to state, “In this particular case, while the Chair has no trouble agreeing that all of the measures contained in Bill C-59 relate to national security, it is the Chair's view that there are distinct initiatives that are sufficiently unrelated as to warrant dividing the question.”

Therefore, I would suggest that today's bill, Bill C-59, should also be divided for voting purposes at second reading and, if necessary, at third reading.

After a brief review and analysis of the bill's contents, it seems that it could actually be divided into several groupings: clauses 1 to 95, proposing amendments to the Income Tax Act and consequential amendments to other enactments, as well as the bill's short title; clauses 96 to 128, proposing the creation of a digital services tax; clauses 129 to 136, 138 to 143 and 145 to 167, proposing amendments concerning the excise tax, other than the exemption of GST for mental health services, which is also contained in Bill C-323, a matter to which I will return later; clauses 168 to 196, proposing amendments to the laws governing financial institutions; clauses 197 to 208, proposing to create a leave entitlement related to pregnancy loss and to amend the law concerning bereavement leave; clauses 209 to 216, proposing the creation of a Canada water agency; clauses 217 and 218, proposing amendments to the Tobacco and Vaping Products Act; clauses 219 to 230, proposing amendments to the Canadian Payments Act; clauses 231 to 272 proposing various amendments to competition law; clauses 273 to 277, proposing amendments exempting post-secondary schools from the laws concerning bankruptcy and insolvency; clauses 278 to 317, proposing various legislative amendments concerning money laundering, terrorist financing and sanctions evasions; clauses 318 and 319, concerning the information which is published by the government respecting certain transfer payments to the provinces; clauses 320 to 322, proposing amendments concerning the Public Sector Pension Investment Board; and clauses 323 to 341, proposing the creation of a department of housing, infrastructure and communities.

Additionally, I would propose that clauses 137 and 144, concerning the exemption of GST for mental health services, mirroring the provisions of Bill C-323, as well as clauses 342 to 365, creating employment insurance and job protection benefits for adoptive and surrogate parents, replicating the substance of Bill C-318, should also be separated out from Bill C-59. However, in this instance, I would suggest that, instead of a separate vote, these provisions would simply not proceed further given that the House has already taken a decision on the principle of those matters when it adopted the common-sense Conservative private members' bills at second reading.

Approaching it in this fashion might be an elegant solution to squaring the circle in the ruling that remains pending on Ways and Means Motion No. 19.

In short, Bill C-59, the fall economic statement implementation bill, is an omnibus bill under Standing Order 69.1. It qualifies in no way for the budget bill exemption in that rule. It can and should be divided into separate votes, about 14 or so based on the thematic groupings of the bill's clauses. It would, if so divided, offer an elegant solution for a pending Speaker's ruling to reconcile the long-standing rules and precedents of the House respecting multiple decisions on the same question that, for reasons we are awaiting, did not apply to Ways and Means Motion No. 19 and that saw the House vote, yet again, on the principles found in two Conservative private members' bills that had already been adopted at second reading.

Business of the House

[Karina Gould, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, my hon. colleague knows that the Senate is independent. If he really has questions as to why that amendment passed, he should ask the one-third of Conservative senators who sit in his caucus and did not show up for the vote. I will note that the amendment only passed by one vote, so he should not take out the entire Conservative Party of Canada's frustration with its own caucus on the House of Commons or on Canadians.

I would also remind the member that, when it comes to the price on pollution, we learned this week, in fact, that 94% of low- and middle-income Canadians are better off with the rebate than without it. Again, in typical Conservative fashion, they are looking to take from the poor and give to the rich; the only folks who would benefit are the highest income earners, but that is typical Conservative policy.

However, I would be delighted to answer the usual Thursday question, because that was slightly out of character. Normally, this is not something we debate.

As we approach the adjournment for the holiday season, our priorities during the next week will be to complete second reading debate of Bill C-58 on replacement workers; Bill C-59, the fall economic statement implementation act; and Bill S-9, which would amend the Chemical Weapons Convention Implementation Act.

We will also give priority to the bills that are now in their final stages of debate in the House, including Bill C-57, the Canada-Ukraine free trade agreement; I would remind the House and, indeed, all Canadians that the Conservatives have obstructed this bill at every single opportunity. We will also put forward Bill C-56, the affordable housing and groceries act, and Bill C-29, which provides for the establishment of a national council for reconciliation.

We will consider other bills reported from committee, such as Bill C-50, the Canadian sustainable jobs act. Moreover, I would invite any Canadian to watch the shameful proceedings of the Conservative members of Parliament at the natural resources committee last night. The House deserves better respect, but we will be here to stand up for Canadians every single day and to stand against bullies.

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Right, thank you. In fact, it was an election promise made by the Liberal Party that we are still waiting to see come to fruition.

I asked the minister a question about this earlier. I think Bill C‑59 contains a lot of things relating to housing that seem to me to be similar to those we find in Bill C‑356 introduced by the Conservative Party leader. Could you tell us today, or else in writing, what similar items there are in the two bills?

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Thank you, Mr. Chair.

The government had announced that it was going to pay $1 billion to the Breakfast Club. Since that announcement, we have not seen the money. I was sure that payment of the money would be announced in the fall economic statement. I looked for it in Bill C‑59, but I will admit that it is complicated and I did not find it.

Can the department tell me? Is the billion scheduled for sometime soon, or is it a forgotten promise?

Oil and Gas Industry

[Monique Pauzé, Bloc, Repentigny, QC]

Mr. Speaker, the numbers do not lie: The Liberals have met with fossil fuel lobbyists 2,000 times since last year.

The Prime Minister's Office has met with oil and gas companies twice as often as environmental groups, and the Department of Finance has met with them four times as often. Is that having an impact on policy?

Let us follow the money. The Liberals' flagship environmental measures in Bill C‑59 amount to $30.3 billion in subsidies for oil and gas companies.

When will the Liberals finally base their policies on the climate crisis rather than the oil and gas companies' whining?

[Dr. Jennifer Quaid, Associate Professor and Vice-Dean Research, Civil Law Section, Faculty of Law, University of Ottawa, As an Individual]

Mr. Chair. vice-chairs and members of the Standing Committee on Industry and Technology, I am very pleased to be here once again, this time to talk about Bill C‑27.

I am grateful to be able to share my time with my colleague Céline Castets-Renard, who is online and who is the university research chair in responsible AI in a global context. As one of the preeminent legal experts on artificial intelligence in Canada and in the world, she is very familiar with what is happening elsewhere, particularly in the EU and the U.S. She also leads a SSHRC-funded research project on AI governance in Canada, of which I am part. The project is directed squarely at the question you are grappling with today in considering this bill, which is how to create a system that is consistent with the broad strokes of what major peer jurisdictions, such as Europe, the U.K. and the U.S., are doing while nevertheless ensuring that we remain true to our values and to the foundations of our legal and institutional environment. In short, we have to create a bill that's going to work here, and our comments are directed at that; at least, my part is. Professor Castets-Renard will speak more specifically about the details of the bill as it relates to regulating artificial intelligence.

Our joint message to you is simple. We believe firmly that Bill C-27 is an important and positive step in the process of developing solid governance to encourage and promote responsible AI. Moreover, it is vital and urgent that Canada establish a legal framework to support responsible AI governance. Ethical guidelines have their place, but they are complementary to and not a substitute for hard rules and binding enforceable norms.

Thus, our goal is to provide you with constructive feedback and recommendations to help ready the bill for enactment. To that end, we have submitted a written brief, in English and in French, that highlights the areas that we think would benefit from clarification or greater precision prior to enactment.

This does not mean that further improvements are not desirable. Indeed, we would say they are. It's only that we understand that time is of the essence, and we have to focus on what is achievable now, because delay is just not an option.

In this opening statement, we will draw your attention to a subset of what we discuss in the brief. I will briefly touch on four items before I turn it over to my colleague, Professor Castets-Renard.

First, it is important to identify who is responsible for what aspects of the development, deployment and putting on the market of AI systems. This matters for determining liability, especially of organizations and business entities. Done right, it can help enforcers gather evidence and assess facts. Done poorly, it may create structural immunity from accountability by making it impossible to find the evidence needed to prove violations of the law.

I would also add that the current conception of accountability is based on state action only, and I wonder whether we should also consider private rights of action. Those are being explored in other areas, including, I might add, in Bill C-59, which has amendments to the Competition Act.

Second, we need to use care in crafting the obligations and duties of those involved in the AI value chain. Regulations should be drafted with a view to what indicators can be used to measure and assess compliance. Especially in the context of regulatory liability and administrative sanctions, courts will look to what regulators demand of industry players as the baseline for deciding what qualifies as due diligence and what can be expected of a reasonably prudent person in the circumstances.

While proof of regulatory compliance usually falls on the business that invokes it, it is important that investigators and prosecutors be able to scrutinize claims. This requires metrics and indicators that are independently verifiable and that are based on robust research. In the context of AI, its opacity and the difficulty for outsiders to understand the capability and risks of AI systems makes it even more important that we establish norms.

Third, reporting obligations should be mandatory and not ad hoc. At present, the act contemplates the power of the AI and data commissioner to demand information. Ad hoc requests to examine compliance are insufficient. Rather, the default should be regular reporting at regular intervals, with standard information requirements. The provision of information allows regulators to gain an understanding of what is happening at the research level and at the deployment and marketing level at a pace that is incremental, even if one can say that the development of AI is exponential.

This builds institutional knowledge and capacity by enabling regulators and enforcers to distinguish between situations that require enforcement and those that do not. That seems to be the crux of the matter. Everyone wants to know when it's right to intervene and when we should let things evolve. It also allows for organic development of new regulations as new trends and developments occur.

I would be happy to talk about some examples. We don't have to reinvent the wheel here.

Finally, the enforcement and implementation of the AI act as well as the continual development of new regulations must be supported by an independent, robust institutional structure with sufficient resources.

The proposed AI data commissioner cannot accomplish this on their own. While not a perfect analogy—and I know some people here know that I'm the competition expert—I believe that the creation of an agency not unlike the Competition Bureau would be a model to consider. It's not perfect. The bureau is a good example because it combines enforcement of all types—criminal, regulatory, administrative and civil—with education, public outreach, policy development and now digital intelligence. It has a highly specialized workforce trained in the relevant disciplines it needs to draw on to discharge its mandate. It also represents Canada’s interests in multilateral fora and collaborates actively with peer jurisdictions. It matters, I think, to have that for AI.

I am now going to turn it over for the remaining time to my colleague Professor Castets-Renard.

Thank you.

Motions in amendment

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

Madam Speaker, I am pleased to rise at report stage to speak to Bill C-56.

Some important amendments were made at the committee stage that were based on the good work of the NDP leader in his own private member's bill in respect of the Competition Bureau. Those amendments give the commissioner the ability to launch their own investigations without having to get permission from the minister first. They also raise the penalties and make it easier to show an abuse of market dominance.

Right now we have to show there is a dominant market player, that harm has been done by their activity and that they had the intention to do harm. Getting all of those three things together is often very difficult, particularly in respect of intent, because traditionally the commissioner has not had the authority to subpoena documents. Lowering the threshold so that we have to prove market dominance and either harm or intent means that it will be a lot easier to address anti-competitive behaviour. Of course, there are a number of amendments, again based on the work of the NDP leader in his private member's bill, that will be coming to the budget implementation act, Bill C-59, which was tabled not long ago.

The New Democrats are very proud to be working at improving the powers of the Competition Bureau to try to protect Canadian consumers by ensuring that in markets where competition is possible, companies are not abusing their market position to reduce competition.

We are likewise pleased to move forward with getting rid of the GST on purpose-built rentals. We know there is a housing crisis. I have talked a lot about it in this place. Many others are talking about it today, and rightly so. One component of that crisis and addressing it is to get more purpose-built rentals of any kind, including market rentals. However, what we have said all along, and ever since Bill C-56 was tabled, is that it has to be accompanied by direct action to build more non-market housing, because that is housing that can be built and sustained at rents that people can truly afford.

There are Canadians who have the means to pay for market housing but are struggling to find it. There can be a salutary effect on the price of rent, driving it down if there is more supply than there currently is. We know it is a pretty tight market. However, we cannot kid ourselves into thinking that this alone will be sufficient to address the housing crisis.

That is why direct investment in non-market housing is so important. It is why in the budget implementation act that was tabled recently, Bill C-59, which I just made reference to, there is also an amendment that would see the GST rebate extended to co-operatives, which were left out of the government's initial drafting of Bill C-56, something that New Democrats think is very important.

I also want to take a moment to express our disappointment. I had a conversation with the Minister of Finance when she appeared at the finance committee on Bill C-56. The government still refuses to extend the GST rebate to projects with secured funding under the national housing strategy that are led by non-profits, whether through the co-investment fund, the housing accelerator fund or any number of funds available. We would encourage the government to do this as soon as possible by whatever legislative vehicle is required. We are certainly willing to help pass it.

We know there are non-profit organizations that started things out when they looked promising and interest rates were low. They secured government funding and were going to build either affordable or social housing in their community. Then interest rates started going up, and the projects were put on hold because those organizations no longer had the money they needed to make those projects a success. Our point is that, even though those projects may have started prior to September 14, if the GST rebate is extended to those projects, it could be the difference they need to accommodate higher interest rates and nevertheless be able to proceed with projects and get those units built.

We know the government is out there talking about those units as part of the total number that its national housing strategy has funded, even as it knows those units have stalled out and even as there is a mechanism, the extension of the GST rebate to those projects, to get them to move ahead. I think it is inappropriate for the government to be out there talking about those units as if they are going to get built, when it knows full well that the changes in the interest rate have meant those projects are not going to go ahead, even as it refused NDP calls to extend the GST rebate to those projects so they could move forward in any event.

Unfortunately quite unlike the Liberals, New Democrats are not satisfied with the announcement. What we are looking for, and this is the metric of success for New Democrats, is when a family moves into a new unit. The fact that the announcement was made just means the work has begun; it does not mean the work has ended. If we are going to follow through on units that have already been announced, it means extending the GST rebate to non-profit organizations' projects that started in advance of September 14 so that real families can move into units they can afford. That is really important, and I exhort the government again to take another look at it. It is a drop in the bucket cost-wise, and it is going to mean a lot of units getting built for families.

It is an example of the kind of intentional policy we need to adopt and that is absent not only in the Liberals' national housing strategy but also in the Conservative leader's so-called plan for housing. He attached affordability conditions in his plan to the GST rebate. It is not that New Democrats do not endorse affordability, but one of the challenges of that is the GST rebate is meant to make market projects pencil out. If we give a GST rebate but attach an affordability criterion that also stresses the budget, then we end up with the net effect that developers who want to build market rental housing do not necessarily see the financial incentive to move ahead, because the GST rebate is offset by the fact that they have to offer more affordable rent.

That is why we think it is acceptable to have a blanket GST rebate for purpose-built rentals, because it is going to incent market housing, but we need a real policy that addresses the need for properly affordable non-market housing and social housing. That is simply not in the leader of the Conservative Party's plan. It is just not there. He talks about releasing federal land in order to build more housing, but he does not talk about requiring any of that housing to be affordable or social housing.

We talk about the major levers the federal government has at its disposal beyond its ability to tax and spend. One of the big levers the federal government has in order to incent more affordable and social housing is land. Attaching conditions to the release of land is one of the best things a federal government can do from the point of view of developing more affordable and social housing.

This is remarkable, particularly in light of the controversy around another Conservative government, Doug Ford's government in Ontario, taking rules off the development of the Greenbelt, which his government subsequently had to put back on because it was scandalous and because developers were set to get rich, including a lot of developers who showed up at the wedding of the premier's daughter. None of that looked right from the outside, and apparently now not from the inside either.

That is why it is really important, when we talk about freeing up land for development, that the process is transparent and that there is a lot of accountability in that process. If part of the idea of releasing federal land, as it should be, is to create more affordable and social housing, it is all the more important that this be talked about up front, which is not done in the Conservative leader's bill.

What is talked about in the Conservative leader's bill is withdrawing resources from municipalities that do not meet an Ottawa-set target. That is problematic because we know Canada has many different kinds of communities with many different kinds of needs. I, for one, do not believe as a rule that people who are elected to public office at the municipal level are plotting how to kill development in their community. It is quite the opposite. They are looking at how to develop, whether it is businesses, the housing needed for businesses or the underlying infrastructure, such as waste water, sewage and electricity. These are all things people need access to in order to build housing on any particular lot. The idea that municipalities already struggling to get enough housing built in their own community need their resources cut, which will make it harder for them to build the underlying infrastructure that nobody else is going to pay for, makes absolutely no sense. It is a recipe for failure.

What can we do? We can pass Bill C-56. We can extend the GST rebate not only to co-ops but to non-profits with units that were already in the pipeline before this announcement, and a lot more. Hopefully I will get a chance to speak to some of those things during questions and answers.

Alleged Breach of Speaker's Impartiality

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Mr. Speaker, yes, this is a new issue.

I am rising on a point of order, pursuant to Standing Order 69.1, to ask that you treat Bill C-59, an act to implement certain provisions of the fall economic—

The Economy

[Adam van Koeverden, Liberal, Parliamentary Secretary to the Minister of Environment and Climate Change and to the Minister of Sport and Physical Activity]

Madam Speaker, we are advancing the government's plan to grow the middle class, build more homes faster and build an economy that works for everyone. Meanwhile, the Conservatives have become this one-issue party claiming that axing the tax will solve all the country's problems. It will not.

This week, we introduced Bill C-59, our fall economic statement, which is going to help deliver on key measures of this economic plan. In this legislation, we are modernizing competition laws to help stabilize grocery prices, doubling the rural top-up on the pollution pricing rebate, and removing the GST on new rental home construction and co-ops, which the Conservative stand against, calling co-ops Soviet-style—

Business of the House

[Karina Gould, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon, we will debate the Senate amendments related to Bill C-48 on bail reform.

Tomorrow morning, we will call Government Business No. 31, which concerns Bill C-50, an act respecting accountability, transparency and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy. Tomorrow afternoon, we will call report stage and third reading of Bill C-57, which would implement the 2023 free trade agreement between Canada and Ukraine.

Next week, priority will be given to the motion relating to Bill C-50. We will also call report stage and third reading of Bill C-56, the affordability legislation, and second reading of Bill C-59, an act to implement certain provisions of the fall economic statement, which was introduced earlier today. Thursday will be an opposition day.

For the following week, I will circle back to the member opposite.

Fall Economic Statement Implementation Act, 2023

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

moved for leave to introduce 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.

(Motions deemed adopted, bill read the first time and printed)

Motion No. 19

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

moved that a ways and means motion to introduce a bill entitled 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, be concurred in.