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.

Fall Economic Statement Implementation Act, 2023

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, it is simple. Canadians want us to cut the tax. Whether it is the carbon tax or the gas tax, they are paying too much right now. I used to drive to B.C., but I cannot afford to anymore, to be honest. I mentioned that the gas prices there are over two dollars, but that socialist provincial government will get its reward this year when it gets kicked out of office once and for all by a new Conservative government.

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, my colleague is very proud of Saskatchewan agriculture, the farmers and ranchers in Saskatchewan and the potash industry there.

One thing that disappointed me in the fall economic statement is that the Liberals keep talking about removing the GST from homebuilding. If they really want to make life affordable, why are they still charging the GST on top of the carbon tax? It is one thing that the carbon tax raises the price of everything, but to put the GST on top of a tax, which is a tax on a tax, is like a double gut punch. It increases the cost of fuel, lumber, home heating and natural gas. The Parliamentary Budget Officer has now said that the GST charged on the carbon tax cost Canadians $400 million last year. What is the impact on my colleague's constituents with respect to a tax on a tax?

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, the impact has been great. Two Boston Pizzas have closed in the last month. Why is that? It is because of tax on a tax. Seven to eight restaurants, in the last three months, have come to my office to show me the carbon tax bill and the GST bill. For many of these restaurants, it was $1,300 or $1,400 a month in the cold months of January, February and March. That is a staff member they could have kept on. Instead, with the carbon tax and the GST, they simply have to let people go, or better yet, shut down altogether.

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, are the final two minutes of this Tuesday supposed to be the highlight of the show? Were we meant to save the best for last? If so, I think I am going to disappoint a lot of people, given how little time I have left.

To begin, I would ask for the unanimous consent of the House to split my time.

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

I have received notice from all recognized parties that they are in agreement with this request.

Does the hon. member have unanimous consent to split his time?

[Some hon. members]

Agreed.

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

The hon. member for Saint-Hyacinthe—Bagot has one minute.

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

Madam Speaker, I say hello to Liberal illusionism and hello to Canadian junk progressivism. This budgetary smokescreen hides Ottawa's two main obsessions: using our money to support the oil and gas companies despite fine pseudo-environmental speeches that sound good at social gatherings, and invading the jurisdictions of Quebec and the provinces. We know that the oil companies will be getting $30.3 billion in subsidies in the form of tax credits, meaning that taxpayers will be paying oil companies to pollute less when they do not need that money.

There is also the creation of a federal department of municipal affairs called the department of housing, infrastructure and communities, which signals more interference, more fights and more delays, even though the housing crisis calls for swift action.

I will use my last two seconds to say that we are voting against this bill.

The House resumed from May 21 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 third time and passed.

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Madam Speaker, I am pleased to be here this evening to finally give this speech, which I have been looking forward to doing for quite some time. I would like to start by saying that there are some good measures in Bill C‑59. As everyone knows, this is an omnibus bill. It would have been terrible to not have anything to sink our teeth into. Of these good measures, I have identified a few that I think are worth highlighting in the House.

First, Bill C‑59 seeks to make it more difficult to use tax havens by cracking down on two schemes. The Bloc Québécois has wanted to crack down on tax havens for a long time. It is not perfect, but the government is nevertheless tackling two schemes, specifically interest deductibility between subsidiaries and hybrid mismatch arrangements. This measure was recommended by the OECD working group on tax evasion.

One of the schemes involving tax havens is the creation of financing subsidiaries. Simply put, the primary function of a subsidiary in a tax haven is to lend to the Canadian parent company. The interest paid by the Canadian company is thus diverted to a tax haven where it is essentially not taxed. That is the loophole that Bill C‑59 aims to close. This is a good measure. As for the implementation of rules on hybrid mismatch arrangements, this is consistent with the OECD and the Group of Twenty base erosion and profit shifting project recommendations regarding cross-border tax avoidance structures.

This bill also picks up on the idea of Bill C-323, an act to amend the Excise Tax Act regarding mental health services, which was sponsored by my colleague from Cumberland—Colchester and passed unanimously at second reading. The Bloc Québécois supports that bill. Quebec is a pioneer in psychotherapy legislation and has inspired several provinces, like Ontario, to regulate psychotherapy. Anyone who wishes to offer psychotherapy services in Quebec and who is not a doctor or psychologist must obtain a licence from the Ordre des psychologues du Québec. However, the different tax treatment afforded to the various professional associations is unfair. For doctors and psychologists, psychotherapy falls within their scope of practice and is therefore not taxable, but all other categories of professionals must charge tax on the services they provide. The bill would address this unfairness and would come as a welcome change, given the growing need for mental health services. The bill also includes a review of the Federal-Provincial Fiscal Arrangements Act. At first glance, this is a small step in the right direction.

In the House, if a bill is good for Quebec, then the Bloc Québécois votes in favour of it. If a bill is bad for Quebec, then my colleagues and I vote against it. As I said in the beginning, there are some good things about Bill C‑59, but mostly it is a bad bill. That is why the Bloc Québécois will be voting against it. Bill C‑59 is an omnibus bill that is almost 550 pages long. It sets out 60 different measures and amends or creates 31 laws and regulations. I would like to remind the House that there are some good things in the bill but that the Bloc Québécois will be opposing it at second reading because of two measures.

There are two things that the Bloc Québécois still does not like about the bill. That will not change, regardless of the political party sitting on the other side of the House. The first thing is that this is the umpteenth time the federal government has tried to infringe on provincial jurisdictions. The second thing is the subsidies that the government is giving to oil companies at Quebeckers' expense. This bill gives $30.3 billion in subsidies to oil companies in the form of tax credits. The Minister of Environment and Climate Change is telling us that his government has put an end to oil subsidies, but he should have read his government's bill because that is not what it says. We are talking about $30.3. billion that is being taken out of taxpayers' pockets and given as a gift to oil companies so that they can pollute less, when they obviously do not need that money. One thing is certain, I highly doubt that the official opposition will do much to oppose that, even if it is “wacko”, as they say.

Another crazy idea in this bill is the creation of a federal department of municipal affairs called the department of housing, infrastructure and communities, which will lead to more federal attempts at interference, more endless discussions and more delays, when the housing crisis requires swift action.

On top of these two very bad measures, the government made no attempt to address the Bloc Québécois' priorities, priorities that reflected the real and urgent needs of Quebeckers. When my colleagues and I are on the ground, in our ridings, we connect with our constituents and take calls every day at our offices. People talk to us about these needs.

Worse yet, in response to Quebec's requests, the federal government decided once again to disregard provincial jurisdictions. Housing, local infrastructure, land use, municipal affairs: none of that falls under federal jurisdiction.

Nevertheless, Bill C‑59 creates the department of housing, infrastructure and communities. By creating a designated department, Bill C‑59 gives the minister the capacity to interfere even more. This department will allow the federal government to impose even more conditions on the provinces and municipalities and, of course, make the delays even worse.

Former prime minister Pierre Elliott Trudeau tried a similar stunt when he created the department of urban affairs in 1971, and it failed miserably. To prevent the federal government from meddling in municipal affairs, the Quebec government amended its Act respecting the Ministère du Conseil exécutif to prohibit municipalities, RCMs, school boards and crown corporations from dealing directly with Ottawa. That law remains in effect.

The department of urban affairs caused endless bickering between the federal government and the provinces for its entire existence and never managed to deliver anything useful. It was finally shut down in 1979, which was good for Quebeckers, under pressure from a certain PQ government led by René Lévesque.

Despite this disastrous experiment, the federal government is trying something similar today. After the national housing strategy was announced, it took more than three years for an agreement to be signed between Quebec and Ottawa. Just recently, the federal government refused to give $900 million to Quebec to create housing, with no strings attached. It is hard to imagine that negotiations will be streamlined under a new department.

The picture is not much brighter if we look at the other federal parties. The government is essentially proposing more and more centralization. The Conservatives display the same centralizing tendency, only they are also threatening to cut investments if housing construction targets are not met. This is a disturbing trend among all the federalist parties in the House.

It will come as no surprise to learn that we will not support the creation of a department whose main mission is to interfere in Quebec's jurisdictions. We will not support Bill C‑59 either. The Bloc Québécois will continue to oppose all forms of federal interference in Quebec's jurisdictions for as long as it takes, for one very simple but exceedingly important reason: Quebec never has been and never will be dictated to by the federal government.

Once again, we have proof that this government, this institution, the federal Parliament, does not respect the Quebec nation. It will not respect the Quebec nation until the people of Quebec decide to create a true nation with all the tools needed to achieve Quebec's sovereignty and independence.

When that time comes, we will congratulate them on creating a new department of no consequence to us.

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Madam Speaker, I would like to reassure my colleague. Our agreements with the Government of Quebec are going very well.

Last week, I had the opportunity to visit the riding of our colleague from Salaberry—Suroît to make an announcement regarding housing. The provincial MNA for the riding, Claude Reid, was also there, as was the mayor. It was a great announcement about social housing. At the same time, we have made a plethora of other announcements.

Does my colleague not think that is a good thing?

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Mr. Speaker, what I have to say is that it is great if an announcement was made with my colleague from Salaberry—Suroît, who I always refer to as my treasured whip.

When I am told that the federal government is working hand in hand with the Government of Quebec, then I want to know why the federal government is funding the court challenge against a law that was passed by the Quebec National Assembly. The federal government cannot tell me that it is working hand in hand with the Government of Quebec when it is challenging one of Quebec's laws and funding a court challenge of that law. It is impossible.

When the Government of Quebec asks for $1 billion to cover the costs associated with taking in asylum seekers and the federal government does not answer the call, then the federal government cannot tell me that it is working hand in hand with Quebec. When the federal government challenges Bill 96, a French language law that was passed by the Quebec National Assembly, using Quebeckers' tax dollars, then it cannot tell me that it is working hand in hand with the Government of Quebec. The day we work hand in hand will be the day when we are sitting side by side at the United Nations, each in our own seat.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to thank my colleague from Lac-Saint-Jean. I also have a treasured whip, but not the same one.

According to my colleague, the federalist parties—whether the governing party or the Conservative Party on this side—have supposedly not been advocating for Quebec. As he said, the people of Quebec will decide. I think he is in the wrong Parliament. I think that if he wants to ask the people of Quebec to undo the Canada we know today, he should run for the National Assembly.

Partisan comments aside, I would like to know what my colleague thinks about including registered massage therapists in Bill C-59.

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Mr. Speaker, the bill is 550 pages long and my colleague zeroed in on something very specific. I thank my colleague for asking that question, but I will come back to what he said.

Am I in the wrong Parliament? No, I am not. If he wants to fight for a united Canada, I strongly suggest that he run for the National Assembly. Now, since Quebeckers voted 32 members of the Bloc Québécois into the House of Commons, no one can dispute the legitimacy of our postion in the House, just as I will never dispute the legitimacy of members of the other parties who are seated here in the House. Democracy has spoken.

If Quebeckers did not have a sovereignist option in Ottawa, then only one vision of this issue would be presented in the House. That is unthinkable. Democracy is representation. I represent the people of my riding who put their trust in me. I thank them every day and I thank them again this evening. As for massage therapists, I will talk to my colleague about that in the antechamber.

[The Deputy Speaker, Chris d'Entremont]

The hon. member for Argenteuil—La Petite-Nation on a point of order.