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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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-59s:

C-59 (2017) Law National Security Act, 2017
C-59 (2015) Law Economic Action Plan 2015 Act, No. 1
C-59 (2013) Law Appropriation Act No. 1, 2013-14
C-59 (2011) Law Abolition of Early Parole Act

Votes

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

Employment Insurance ActPrivate Members' Business

February 28th, 2024 / 6:40 p.m.


See context

Windsor—Tecumseh Ontario

Liberal

Irek Kusmierczyk LiberalParliamentary Secretary to the Minister of Employment

Madam Speaker, I am pleased to have the opportunity today to participate in this debate on the bill introduced by the hon. member of Parliament for Battlefords—Lloydminster.

I want to thank the member for bringing attention to an issue that matters to Canadians. Adoptive parents have been telling us that they want a new employment insurance benefit that provides them with the same number of weeks as birth parents. Currently, under the EI program, workers who are pregnant or have recently given birth, including surrogates, can receive 15 weeks of maternity benefits to support their recovery from pregnancy and childbirth. This is in addition to the 40 shareable weeks of standard benefits, or up to 69 shareable weeks under the extended option.

Adoptive parents also have access to support under the EI program. However, parents of adopted children are eligible for only 40 shareable weeks of standard benefits, or up to 69 weeks of support. In short, the difference lies in the fact that adoptive parents do not have access to the 15 weeks of benefits that parents who give birth do.

In 2024, this needs to change. That is why these improvements to the EI program are included in Bill C-59, the fall economic statement implementation act, 2023. The measures in Bill C-59 would create a new 15-week EI benefit that would add flexibility and better address the needs of adoptive parents and parents of children through surrogacy during the weeks surrounding the actual placement of the child.

The comprehensive measures in Bill C-59 reflect what we heard during our consultations with Canadians on the EI program in 2021 and 2022. They reflect the diverse and inclusive way families are formed today, and they provide needed flexibility.

Before I go into more detail about Bill C-59, let me outline how it resonates with the consensus we heard at the EI consultations on the issue of an inclusive program. In particular, the government absolutely acknowledges in Bill C-59 that adoptive parents and parents of children conceived through surrogacy have income support needs that are related to their unique processes. Time devoted to a child helps create a family bond. This is true for birth and adoptive parents.

In the case of adoptive parents, it can help the child make up for any developmental delays or health setbacks and give that child a better chance to reach their full potential. Every extra week spent with an adoptive child in the first year after adoption has an impact on their development and their lifelong relations with others.

There is no question that for any new parent, having the time and resources to welcome and care for their child or children is precious and requires support. Also, additional time for adoptive parents to be with their children can be beneficial for their employers, as it would put these parents in a better state of mind when they return to work.

There is no doubt that what the member opposite proposes, and what we propose, is important. Leave with income support for adoptive and intended parents, so they can welcome and care for their children, needs to be part of a modern and inclusive El program.

The proposal in Bill C-318 does this in part, but we consider our approach in Bill C-59 to offer the better, more flexible and more responsive solution to address this important need.

We expect that each year, the government's proposed benefit would provide approximately 1,700 Canadian families with additional time and flexibility as they welcome a new child in their home. Parents through surrogacy, including 2LGBTQI+ families, would also be eligible for this benefit, and rightly so.

The government's proposed El adoption benefit would make El benefits inclusive and reflective of families in Canada. It would support parents going through adoption or surrogacy by providing temporary income support before the child arrives at home, for example, while they are finalizing the placement or travelling abroad to bring the child or children to Canada. That support would also extend to the early weeks of the child's arrival into the new family.

This equalization was a key ask by our stakeholders. It is the right thing to do, and it is an idea whose time has come. All of this will happen if Bill C-59 receives royal assent.

I also want to note, as we were told during the EI consultations, that the profiles of children and youth being adopted are often unique. Adopted kids are typically older, have sibling groups and have special needs. Cathy Murphy, chairperson of the Child and Youth Permanency Council of Canada, told us this during the consultations:

Even if a youth is joining their family at age 12 or 13, it's really important for that parent or caregiver to be there, to be able to meet them after school or to maybe take them out to their favourite lunch spot over lunch hour once a week, because that's usually the only way you're going to get them out to lunch.

By continually showing up and being actively involved in their life, they are going to realize after an extended period of time that their parents are there for them.

For the past eight years, we have been busy improving important programs so that life is more affordable for Canadians. From day one, the government has kept its promise to protect all Canadians, and we are using all the tools at our disposal to do so.

Canadians want an EI system for the 21st century. The government has heard these calls. It is a long-haul commitment, but we are taking the time to get it right, and we are not waiting for a grand reveal to make improvements along the way. Let me reassure my colleague opposite that the Government of Canada is taking a thorough approach to EI to ensure its continuous improvement for the benefit of all Canadians. Adoptive parents have asked for equal treatment. They deserve equal treatment, and the government has answered.

Employment Insurance ActPrivate Members' Business

February 28th, 2024 / 6:35 p.m.


See context

Conservative

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Madam Speaker, I want to thank my colleague for all of her hard work on this file and this bill. As a mom of four herself, she has done incredible work.

My question for the member is this: What is different in the member's bill versus what was in the Liberals' Bill C-59? Why is it still really important that this bill get passed and get royal recommendation, so that intended and adoptive parents will get the leave they deserve?

Employment Insurance ActPrivate Members' Business

February 28th, 2024 / 6:25 p.m.


See context

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

moved that the bill be read the third time and passed.

Mr. Speaker, as all parents know, the arrival of a new child is life-changing. It comes with great joys and excitement. It is a precious time of bonding and many firsts, but it also comes with added expenses, time constraints and new challenges. While we all know that Canada’s employment insurance program helps to ease some of those pressures, we must confront the fact that not all families are treated equally. It is not a fair program, and it does not reflect the diversity of families here in Canada.

Families formed through adoption and surrogacy continue to be entitled to 15 fewer weeks of leave, and this is a disadvantage that must be rectified. My private member’s bill, Bill C-318, does that through the creation of a new 15-week time-to-attach benefit for adoptive and intended parents. It also adjusts entitlement leave accordingly in the Canada Labour Code. It is a common-sense bill; addressing the inequity in our EI system should truly be a non-partisan issue.

Unfortunately, the Liberal government has instead chosen to politicize it. While it claims to support equal access to EI leave for adoptive and intended parents, the Liberal government’s actions suggest otherwise. At second reading, the member for Winnipeg North indicated that this was not a priority for the Liberal government when he said, “We might have had to put some limitations on some of the things we wanted to do as a result of the pandemic”. The member for Kingston and the Islands said that this bill would not get a royal recommendation because his own bill did not get one. Of course, this was followed by all but a handful of Liberal members of Parliament voting against the bill at second reading.

Following the committee’s consideration of this bill, the Liberal government challenged amendments that sought to remove any ambiguity around parental benefits for indigenous peoples. The opposition to this from the Liberals raises concerns about their intentions around achieving equal access to EI benefits for indigenous families with customary care arrangements.

Now, at third reading, this bill risks being dropped from the Order Paper altogether if a royal recommendation is not provided by the Liberal government. By all indications, unfortunately, this does not seem to be forthcoming. The Liberal government’s decision to include a benefit for adoptive and intended parents in Bill C-59 was a clear declaration that it does not intend to collaborate on this issue and that it is more focused on political games than rectifying the discrimination in our EI system in a timely manner.

Bill C-59 is an omnibus budget bill that would not course correct the harmful policies of the NDP-Liberal government, which are fuelling the affordability crisis in this country. The Liberal government not only tied its proposed benefit to a costly and convoluted omnibus bill but also did not even make this legislation a priority. It is the Liberal government that sets the agenda in this place, and it has not brought Bill C-59 up for debate since January. Frankly, it has just not been a priority for the Liberals. In fact, they have never made it a priority to address the discrimination in our EI system.

They have been promising this to adoptive parents since 2019; they extended this promise to intended parents last year, after I introduced Bill C-318. Providing equal access to EI leave for adoptive and intended parents should not be a complicated problem to solve, especially with the agreement of all opposition parties. However, the Liberal government has voted against Bill C-318, failed to provide the royal recommendation needed, refused to work collaboratively and failed to exercise the political will necessary to just get the dang job done.

Shamefully, the Liberal government’s broken promises, delays and political games are happening at the expense of families. These families are hopeful and anxiously waiting to know if they will get the time they need and deserve with their child. The children who do not get the time they need with their parents are the greatest victims.

Adoptive and intended parents are not less deserving, and they certainly do not need less time with their children. It is often the case that these families face additional challenges in bonding and attachment. Access to equal leave can go a long way to support them.

The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities heard compelling testimony from adoptive parents and adoptees about the challenges they experienced attaching. We heard repeatedly how meaningful additional time to form strong and secure attachments would have been for their families and how 35 weeks was not enough time.

We need to listen to those voices and act in a timely manner. Cassaundra Eisner, an adoptee herself, shared with the human resources committee: “Moving in with people who were recently strangers is intimidating and very scary. Time to attach is something that would have helped that 11-year old little girl.”

Shelley Rottenberg, also an adoptee, shared that, if there had been more time early on, her mother would not have had “to worry about going to work and leaving me with someone else” and that it “would have sped up that process of growing and building that trust and the bond to have a more secure attachment.”

Cathy Murphy shared that it took three and a half years for her son to call her mama instead of “Hey, lady.”

Julie Despaties shared that she ultimately did not return to work after her leave, because she needed more time to support her three adopted children.

Erin Clow wrote that, near the end of her leave, she felt “a weight which is difficult to articulate, laden with the emotions of sadness, fear, guilt, and grief, knowing that we as a family need more time to attach.”

There are many more examples.

Providing adoptive families with an extra 15 weeks of leave is not only fair but will also help improve their long-term outcomes and help set these children up for success.

I have also heard from a lot of intended parents who are growing their families through surrogacy. These parents need to make a decision about their leave options in the immediate term; many are expecting their child and are hopeful that they will have access to an additional 15 weeks of leave.

I have also heard from parents who have made the decision to take the extended parental leave, at a significant financial disadvantage. Often it is not because they want to take a two-year leave, but rather because they want the same opportunity to be home with their child in the first year of their life. Canadians growing their families via surrogacy face a lot of added costs, and the disparity in benefits add to those financial pressures.

Child care is another consideration. It is more costly to get child care for an infant under a year old, and the reality across the country is that there are limited infant child care spaces. These added costs are made even worse given the growing affordability crisis.

Baden Colt shared with the human resources committee: “Having a child through surrogacy poses challenges that are not faced by most new parents, and these financial obstacles are compounded by the inability to access the same 15 weeks of maternity leave that most new parents get.” She said that children like her daughter “deserve every opportunity that her peers have in life and that begins with having the same amount of time to bond with her parents as any other Canadian child.” Her daughter does deserve the same time with her parents that is afforded to other children.

The Liberal government needs to set aside the partisanship and the political games that are costing families across this country the time to attach and bond with their children. It is well past time that all families, including adoptive and intended parents, get the time they need and deserve with their child.

Carbon PricingOral Questions

February 27th, 2024 / 2:25 p.m.


See context

Saint-Maurice—Champlain Québec

Liberal

François-Philippe Champagne LiberalMinister of Innovation

Mr. Speaker, when it comes to fighting for Canadians, we will take no lessons from the Conservatives.

Today, I just appeared in front of the agriculture committee. It was shocking to see that one of the members was defending the profit margin of a foreign food processor, at a time when we should all be fighting for Canadians in this House. If the Leader of the Opposition wants to do something for Canadians, he should vote for Bill C-59 to increase competition in this country.

More competition means more choice, better prices for Canadians and more innovation. Canadians understand that. Will he understand?

Amendments to Bill C-318 at Committee StagePoints of OrderOral Questions

February 8th, 2024 / 3:10 p.m.


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NDP

Leah Gazan NDP Winnipeg Centre, MB

Mr. Speaker, I rise to intervene on a point of order raised by the member for Winnipeg North this morning respecting Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code, adoptive and intended parents.

My colleague, the member for Winnipeg North, mentioned the committee process, where I tabled crucial amendments to this legislation that would bring the bill into compliance with Canadian law, specifically with the United Nations Declaration on the Rights of Indigenous Peoples. Let me remind the government that it is the government that passed Bill C-15, which affirms that all legislation going forward has to be compatible with the United Nations Declaration on the Rights of Indigenous Peoples.

Not including these important amendments means that the legislation now is not compliant with articles 19, 21 and 22 of the United Nations Declaration on the Rights of Indigenous Peoples. The member of Parliament for Winnipeg North talked about the amendments being out of scope, but even the sponsor of the bill said that the amendments were absolutely within the scope of what Bill C-318 was trying to do.

My colleague, the member for Winnipeg North, also pointed out the need for a royal recommendation for these amendments. I would like to encourage him to reconsider this, considering he has the highest number of kids in care in an urban area in the whole country, 90% who are indigenous.

What my colleague failed to mention is that the Liberal government has the power to allow the amendments to proceed by giving notice of a royal recommendation for Bill C-318. In fact, Bosc and Gagnon, at page 839, states the following:

...since Standing Order 79 was changed in 1994, private Members’ bills involving the spending of public money have been allowed to proceed through the legislative process on the assumption that a royal recommendation will be submitted by a Minister of the Crown before the bill is to be read a third time and passed

The only ones who can act right now are the Liberals. On their watch, they are not upholding Canadian law, which includes Bill C-15. We are meeting about the red dress right now, about murdered and missing indigenous women and girls. The child welfare system is called the pipeline for becoming murdered and missing. The government's failure is not addressing the 90% of kids in care.

It is only the Liberals who can save the lives of indigenous children who are being dropped off at shelters, separated from their families and communities. I am asking them to table a royal recommendation to do the right thing to ensure that Bill C-318 can go to a vote at third reading with the amendments adopted by committee. Although they have mentioned they are putting forth Bill C-59, a similar bill, once again it is not consistent with upholding Canadian law and the United Nations Declaration on the Rights of Indigenous Peoples.

It is in the hands of the Liberals. Lives are in their hands. They need to put forward a royal recommendation. This is a life and death matter. They have to stop playing with indigenous lives and do what is needed now.

Agriculture and Agri-FoodCommittees of the HouseOrders of the Day

February 6th, 2024 / 6:30 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, it is nice to be able to resume where I left off back in December.

Just to refresh the memory of everyone in this place, we were discussing the 10th report of the Standing Committee on Agriculture and Agri-Food.

I have been a proud member of that committee for six years now and I would say that it is the best standing committee out of any committee of the House, because we often arrive at our decisions on a consensus model. We certainly have our differences, but the collegiality stems from the fact that, no matter what political party we represent, we all represent farmers in our respective ridings and have a great deal of respect for the work they do.

This particular study is unusual, if we look at the long list of studies the agriculture committee usually embarks on, in that we are dealing more with a retail issue, which of course is the subject of food price inflation. I am happy to say that this 10th report was the result of a unanimous vote on my motion for a study. The study was also backed up by a unanimous vote in the House of Commons when the NDP used our opposition day to move a motion backing up the committee's work.

Given the brutal food price inflation rates that many Canadians have been experiencing over the last couple of years, the political and public pressure of the moment, I think, really helped focus parliamentarians' efforts on this important issue in making sure we were paying it the attention it deserved, given what many of our constituents were telling us they were suffering through. Therefore, it was nice to see that unanimous vote and the fact that we were able to get into this study.

If we look at the news these days and the experts who research this particularly brutal problem, we already know that a record number of Canadians are having to access food banks. I certainly hear from my constituents in Cowichan—Malahat—Langford that they are having to make those difficult decisions every single week. It has affected not only the quality of food they have been able to buy, but also the quantity of food.

I think that is an enduring shame on our country, given that we pride ourselves on being an agricultural powerhouse. If we look at our standing vis-à-vis other nations around the world, we are a very wealthy country, but what we have seen over the last number of decades is that wealth is increasingly being concentrated in fewer hands, and too many of our fellow citizens are struggling to get by on the basic necessities of life.

I think this is a call to action for all parliamentarians. It is obvious that the policies we have put in place over the last 40 or 50 years and this sort of obscene corporate deference we have seen from successive Liberal and Conservative governments and the neo-Liberal orthodoxy that exists are not serving our fellow citizens right. We need to take a critical look at why that is.

This report contains a number of recommendations. I want to focus on a few of them, particularly on recommendations 11 and 13. Recommendation 11 is something that we heard not only in the course of this study, but also in other studies. It deals with the fact that many people who work in the food value chain, particularly the ones on the other side of the ledger from where the retail grocers come into play, have long been calling for a grocery code of conduct.

Initially, the calls were for a voluntary code. I think there was a tremendous amount of goodwill and a bit of leeway given to the industry to figure this out on its own and to come up with something whereby all players could develop the issue and have faith in it. However, what we have seen recently is that some of the big grocery retailers, namely Loblaws and Walmart, are now indicating they are uncomfortable with the direction the code is taking. In my humble opinion, this code simply cannot work if it is going to exclude major players like Loblaws and Walmart, so we may be arriving at a point at which the government needs to step in and enforce a mandatory code. That way, the rules are clear, concise and transparent, and all players in the food supply value chain can understand what they are and abide by them.

What we are seeing is that there is a complete lack of trust in the grocery retail sector, and for good reason. Grocery retailers have been accused and found guilty of fixing the price of bread. They have engaged in practices that, on the surface, look a lot like collusion. They have often followed each other's leads in setting prices and so on. Recently Loblaws was forced to climb down from its decision to reduce the discounts. There used to be a 50% discount on items that had to be sold that day. Often people are looking for those kinds of bargains. Loblaws was going to reduce that to 30%. That company consistently shows that it is unable to read the room and that it is completely tone deaf to the public environment in which it is operating.

Not only have consumers lost trust in grocery retailers, but on the other side, the suppliers, the food manufacturers and the hard-working men and women who work in primary production and farming have also lost trust, because when they are trying to get their goods put into a grocery market, and let us understand that 80% of Canada's grocery retail market is controlled by just five companies, which is a brutal situation and a totally unfair stranglehold on the market by those five companies, they were often subjected to hidden fees and fines for which they had no explanation.

As such, I am glad to see that recommendation 11 calls for a mandatory and enforceable grocery code of conduct.

I am also happy to see in this report recommendation 13, which asks the Government of Canada to strengthen the Competition Bureau's mandate and its ability to ensure competition in the grocery sector. The first two bullet points were about giving the Competition Bureau more legislative muscle through the Competition Act and making sure the competitive thresholds the Competition Bureau uses to evaluate mergers and acquisitions ensure that competition does not suffer.

I think, based on the hard work of this study and the recommendations of this report, we have actually seen legislative change come to this place, and it was great to see, in particular, Bill C-56 receive a unanimous vote in the House of Commons. It has passed the Senate, and it has now become a statute of Canada by virtue of the Governor General.

There are more measures contained in Bill C-59, and our leader, the member from Burnaby South's private member's bill also includes a number of very important changes. Of course members of Parliament are going to have the opportunity tomorrow, after question period, to vote on that bill, and Canadians will be watching to see which members of Parliament are serious about stepping up to fix that particular problem.

I also want to talk about the supplementary report that I included as the New Democratic member of the committee, because committee reports reflect the majority view of the committee. In the case of the Standing Committee on Agriculture and Agri-Food, that is almost always the unanimous view of the committee. I do not think I have ever really seen a dissenting report, but sometimes some recommendations that some members would like to have seen added to the report do not get in there.

I agree absolutely with the main thrust of the report. I think the recommendations were very strong. There were some additional ones, some supplementary ones, that I would have liked to see added. We heard from a number of witnesses who asked our committee to recommend that the government embark on legislative recognition of the right to food, so one of our recommendations would have been:

that the Government of Canada acknowledge its obligation as a party to the International Covenant on Economic, Social, and Cultural Rights to respect, protect, and fulfill the human right to food by adopting a framework law that would enshrine this right in Canadian law and require the federal government to legislate binding, specific, and measurable targets toward realizing the policy outcomes it set out in 2019 in “The Food Policy for Canada”.

Again, when so many in our population are going hungry, it is incumbent upon us as legislators and policy makers to really step up to the plate and meet that need in the moment with specific action. I think that, given that this recommendation came from people who are directly involved in the national food bank network and are dealing with this issue every single day, we would do well as policy makers to listen to that on-the-ground expertise and follow through.

I also want to take some time in the final four minutes that I have to really recognize two witnesses who appeared before our committee. They are both economics professors who go against the prevailing orthodoxy of corporate deference that so many economics professors practise. They are, particularly, Professor D.T. Cochrane and Professor Jim Stanford, who I think offer a refreshing and alternative view to the dominant orthodoxy, to look critically at why systems are the way they are.

I just want to quote Dr. Jim Stanford:

Greed is not new. Greed long predates the pandemic, but greed has had a good run in Canada since the pandemic. After-tax profits in Canada during the pandemic or since the pandemic have increased to their highest share of GDP in history. Amidst a social, economic and public health emergency, companies have done better than they ever have.

In response to one of my questions, he went on to say:

At the top of the list, there's no doubt about it, is the oil and gas sector. The excess profits earned there since the pandemic account for about one-quarter of the total mass of profits across the 15 sectors I identified in that work. The increased prices that embody those huge profit margins then trickle through the rest of the supply chain. Food processors have to pay that, so they have higher costs, nominally, but then they add their own higher profit margin on top of that. The same goes for the food retail sector. By the time the consumer gets it, there's been excess profits added at several steps of the whole supply chain. That magnifies the final impact on consumer price inflation.

Two things have been true over the last number of years. Canadians have been suffering through brutal inflation. They have seen the cost of almost everything rise to almost unsustainable levels, in fact, to unsustainable levels for too many of our fellow citizens. That is one truth of which we can see empirical evidence.

The other truth we are dealing with is that since 2019, many corporate sectors have been raking in the cash. Those two facts exist side by side, and we know for a fact that when profits are increasing in many different corporate sectors that Canadians rely on, that money has to come from somewhere, and it has been coming directly from the wallets of the constituents that I represent, the constituents that every MP in this place represents from coast to coast to coast.

I will wrap up my speech there by saying that this was an important report and these are important recommendations. I am glad to have been a member of the committee that produced this report. Of course, I will be voting to concur in it. With that I will conclude my remarks.

Public SafetyOral Questions

February 6th, 2024 / 2:35 p.m.


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Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Mr. Speaker, Bill C-59 will do little to combat the problem of organized crime and money laundering in this country, which by the government's own estimate is $133 billion a year, equal to 5% of GDP. The government has ignored numerous reports and protected lawyers from money laundering and terrorist financing law and failed to crack down on Canada's big banks and their funnelling of money laundering and terrorist financing through our financial system.

When is the government going to subject lawyers to federal law and start cracking down on our big banks and the gobs of money laundering going through our financial system?

Opposition Motion—Auto TheftBusiness of SupplyGovernment Orders

February 6th, 2024 / 1:50 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, I am pleased to rise to speak on this very important issue. Auto theft is a critical one that impacts Canadians.

As a GTA resident, and as a GTA member of Parliament, I have heard from my constituents, friends and neighbours about fear of theft and increased risk in their communities. I can assure each and every one of those individuals right across the country that I take these concerns very seriously and I am determined to address this problem alongside the Minister of Public Safety, the Minister of Transport and other colleagues.

What is not helpful is spreading disinformation and stoking fear even in this very chamber. It is disappointing, but unsurprising, that the Leader of the Opposition and his colleagues across the way have taken this very tactic.

To start, let us discuss what we have done to address the issue of auto theft.

In December, we increased funding to fight organized crime. Last week, we redoubled our efforts by announcing $121 million for the Ontario police forces to combat guns, gangs and organized crime.

Let me open a parentheses here; that is guns and gangs funding. On the night of a marathon vote initiated by the opposition, the Leader of the Opposition, in his infinite wisdom, returned to cast a direct vote against guns and gangs funding. Let the record be clear about which side of the House actually supports guns and gangs funding to keep our communities safe.

I was delighted to attend the announcement a week ago in York region in the GTA alongside the Minister of Public Safety, Premier Doug Ford, and other key players who will help prevent auto theft by organized crime.

We are also holding a meeting in Ottawa this Thursday that will bring together the provinces and representatives of cities, ports, insurers, automakers and other key stakeholders to discuss and develop a coordinated approach to combatting auto theft.

While Conservatives are busy tweeting out videos, as a result of a news release by our government that they decided to read, and repeating childish slogans, we have a plan to keep communities safe.

I want to point out the very bill the Leader of the Opposition has weaponized on this issue, a bill I was pleased to work on as the parliamentary secretary at the time to the then minister of justice, Bill C-75. It raised the maximum penalty on summary conviction for motor vehicle theft from 18 months to two years. For everyone who is watching right now, let that sink in. Either the Leader of the Opposition does not understand the Criminal Code or he is purposely misleading Canadians. Either way, his objective is to repeal Bill C-75 and therefore lower the maximum penalty for motor vehicle theft. If it sounds a bit illogical, it is.

Additionally, a pillar of his so-called plan is to add an aggravating factor on sentencing to this issue. As I said yesterday in the House, and as I will repeat today, the Criminal Code already includes this provision. Section 718.2(a)(iv) specifies as an aggravating factor, allowing for a more increased sentence, involvement with organized crime.

I will be sharing my time with the member for Vaughan—Woodbridge, Mr. Speaker.

This is a critical measure. We know that the majority of auto thefts are not one-off crimes committed by first-time offenders. Auto theft is most often coordinated through an operation of organized crime networks. What are we doing with respect to those organized crime networks? We are cracking down, as the police agencies have asked us to do, on organized crime and the financing of it.

How are we doing that? We have the fall economic statement being debated in this very House, Bill C-59. That bill contains provisions to crack down on money laundering to stop the organized criminals who are making our communities unsafe.

What has the Leader of the Opposition done in his infinite wisdom? He has directed every one of his Conservative colleagues to vote against this measure, to vote against measures that would keep our communities safe and to basically empower organized criminals. Is this illogical? Yes, very illogical.

In a video posted just this morning, the Leader of the Opposition threw the CBSA under the bus for failing to solve the issue of auto theft. What he conveniently failed to mention, in a very polished video that was very professionally done, is that under his watch, when he was part of the Conservative government at the cabinet table, the Conservatives cut 1,000 jobs from the CBSA.

If one of the problems with this, which we will be discussing at the auto summit, is border security, I am not sure how we keep the borders safe when we are cutting employees working at the border. Is it illogical? Indeed, very illogical.

In addition, the Conservatives routinely vote against bolstering CBSA funding. They talk out of both sides of their mouths on this issue. Canadians watching right now deserve a heck of a lot better.

I am always open to good-faith suggestions for improving the Criminal Code. I take my mandate to keep our streets and communities safe very seriously. I look forward to working with the leaders on Thursday.

What I do not see from members of the official opposition is any sort of leadership on this issue. Instead, I see trifling slogans and redundant suggestions about how to amend the Criminal Code with provisions that are already there. Canadians deserve a lot better from that opposition.

Public SafetyOral Questions

February 5th, 2024 / 2:50 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, the increase in auto theft affects us directly. The reality is that organized crime is connected to this type of theft. Here in the House of Commons, we have tabled a bill that tackles money laundering.

The Conservatives are opposed to Bill C‑59. If they are really serious about fighting auto theft, I invite them to change their mind about how they are voting.

Public SafetyOral Questions

February 5th, 2024 / 2:20 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalMinister of Justice and Attorney General of Canada

Mr. Speaker, the Leader of the Opposition purports to be tough on crime. Who do I listen to about crime measures? Police officers. What do they tell me? They tell me that this is not an individual crime; this is backed by people who are organized criminals. How do we deal with that? We get tough on money laundering.

When he is asking me to read the law, I would ask him to read Bill C-59, which has measures that deal with money laundering, which you are voting against.

Lowering Prices for Canadians ActPrivate Members' Business

February 2nd, 2024 / 12:10 p.m.


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Liberal

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, today I rise to address the chamber with respect to Bill C-352, which would amend the Competition Act.

I think we all agree in the chamber that a stronger competition enforcement regime would be good for all Canadians. The bill proposed by the New Democratic Party, while receptive to the need for change in competition law, and generally aligned with the government's overall direction to date, must, however, be examined in light of the vast number of changes that overlap with and have already been introduced by Bill C-56 and Bill C-59.

Bill C-56 became law in December 2023, while Bill C-59 remains under consideration by Parliament at the present time. Bill C-56 implements, and Bill C-59 would implement, an overhaul of the Competition Act following the extensive consultations undertaken in 2022 and in 2023. The government received a great deal of input throughout its consultations, bolstering the knowledge gained over the years of stewardship over this law. The amendment packages assembled in its two bills address most of the issues identified in the law that historically made it weaker than regimes of Canada's closest partners. That would no longer be the case.

Modernizing the Competition Act is a necessary step in making Canada's economy more affordable for consumers and more fair and accessible to business. The government's extensive commitment to competition law reform was led by Bill C-56, the Affordable Housing and Groceries Act, followed by Bill C-59, the fall economic statement implementation act, 2023. Both of these bills are directed at enhancing affordability and competition, and together they represent the most comprehensive reform package to the Competition Act in decades. They respond to the submissions of hundreds of very different stakeholders, including businesses, legal experts, academics, non-governmental organizations and the commissioner of competition himself.

Bill C-56 implemented a set of targeted but critical amendments, following especially from the Competitions Bureau's market study on Canada's retail grocery sector. As members already know, Bill C-56 brought much-needed changes such as allowing information to be compelled under court order in the course of a market study, helping to remove barriers when diagnosing potential competition issues.

Bill C-56 also repealed the efficiencies exceptions for anti-competitive mergers and collaborations, and in so doing eliminated what many observers consider to have been the single biggest contributor to corporate concentration in Canada. The bill further allowed for better prevention and remedy of the abuse by larger players of their dominant position by requiring only proof of anti-competitive intent or effects to prohibit certain forms of conduct. This more appropriately allocates the burden of proof, as compared to the previous test, which significantly limited the number of instances where the bureau could intervene.

Finally, Bill C-56 addressed harm from collaborations between non-competing parties that are designed to limit competition. Once this provision is in effect, the bureau would be able to review any type of collaboration whose purpose it is to restrain competition and seek a remedy, including an order to prevent the activity where competition is being substantially harmed or is likely to be. This would be especially impactful on restrictive covenants between grocers and landlords, allowing more grocers to set up shop near competitors.

Bill C-56 was, of course, amended in committee through a multi-party effort, incorporating several of the elements in Bill C-352 that now no longer require consideration.

Bill C-59 represents an even more substantial overhaul in our competition enforcement regime, addressing a large variety of aspects of the Competition Act. The amendments would give the Competition Bureau a longer period to detect and address anti-competitive mergers that are not notified in advance, helping to address “killer acquisitions” in the digital market. The bill would broaden the bureau's review of competitor collaborations to include those that harmed competition in the past, and would allow for financial penalties to be sought when necessary.

Importantly, Bill C-59 would facilitate private actions against a broader range of anti-competitive or harmful practices and empower those affected to seek financial compensation in many cases. This improvement would complement the bureau's work in protecting the marketplace. The bill would also ensure that costs awards would not be ordered against the commissioner of competition in the vast majority of circumstances, another element addressed by Bill C-352.

The bill also includes anti-reprisal provisions, which would ensure that co-operation with the bureau or participation in legal proceedings could not be punished by stronger businesses. Additionally, it is worth mentioning that Bill C-59 would strengthen the law's testament of greenwashing the false advertising of sustainability claims while also facilitating environmentally beneficial collaborations that would not harm competition. Moreover, it would ensure that a means of diagnosis or repair could not be denied in a way that would harm competition.

All in all, little remains in Bill C-352 that has not already been addressed. On the contrary, Bill C-59 includes several elements missing from this private member's bill. The government's consultation saw over 130 stakeholders raise over 100 reform proposals. All submissions made by identified groups are publicly available, and the government published a “what we heard” report synthesizing them. This public process has been a key source of input to help us develop reform proposals. We are confident that the measures included in government bills comprehensively address the needs expressed by Canadians.

In conclusion, I think it is fair to say that the ambition of Bill C-352 correctly reflects the importance Canadians place on having a strengthened competition law framework. However, all of the major issues it raises have been or are being substantially dealt with through Bill C-56 and Bill C-59. As such, I would encourage members of the House interested in advancing competition reform to prioritize the rapid passage of Bill C-59.

Business of the HouseOral Questions

February 1st, 2024 / 3:15 p.m.


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Gatineau Québec

Liberal

Steven MacKinnon LiberalLeader of the Government in the House of Commons

Mr. Speaker, I thank my colleague from Quebec. I assure him that the House of Commons is in for a good time. There will always be interesting things to debate because we keep introducing good bills in the House.

Tomorrow, Bill C-57, an act to implement the 2023 free trade agreement between Canada and Ukraine, will be the subject of debate.

When we return on Monday, we will call Bill C-59, the fall economic statement implementation act, 2023.

I would also like to inform the House that Tuesday and Thursday will be allotted days. On Wednesday we will begin debate on Bill C‑62 on medical assistance in dying, which was introduced earlier today by my hon. colleague the Minister of Health.

Bill C-59—Proposal to Apply Standing Order 69.1—Speaker's RulingPoints of Order

January 30th, 2024 / 10 a.m.


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The Speaker Greg Fergus

I am now prepared to rule on the point of order raised on December 12, 2023, by the House leader of the official opposition, concerning the application of Standing Order 69.1 to Bill C-59, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023, and certain provisions of the budget tabled in Parliament on March 28, 2023.

According to the House leader of the official opposition, Bill C‑59 is an omnibus bill and therefore he asked the Chair to apply Standing Order 69.1(1), which provides as follows:

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, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage.

The member relied on Speaker Regan's decision of November 8, 2017, to argue that Bill C-59 should not benefit from the exception provided by Standing Order 69.1(2). This exception stipulates that section 1 does not apply if a bill “has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation.”

The House leader of the official opposition contended that the implementation of measures announced in the economic statement of November 21, 2023, is not enough of a common element to justify grouping them for voting purposes. He also asserted that an economic statement is not, properly speaking, a budget. The member said that Bill C-59 should be divided in 16 for the purpose of voting. He further stated that two of the 16 pieces, which are similar to bills C‑318 and C‑323, should simply not be put to a vote at all, given that the House has already passed those bills at second reading.

In response, the parliamentary secretary to the government House leader pointed out that Bill C-59 mainly contains provisions implementing measures announced in the 2023 budget, along with some measures announced in the fall economic statement, whose common theme is addressing the affordability challenges facing Canadians. Consequently, he concluded that the measures included in the budget and those announced in the fall economic statement should be voted on together.

The Chair must first determine whether the main purpose of Bill C-59 is to implement the budget and whether it therefore falls within the exception provided by Standing Order 69.1(2).

The Standing Orders place very specific conditions on the consideration of budgets. For instance, a particular order of the day must be designated. Debate lasts a certain number of days, and votes take place at certain points in time. From start to finish, budgets are an integral part of the business of ways and means.

House of Commons Procedure and Practice, third edition, defines financial statements as follows on pages 901 and 902:

On occasion, the Minister of Finance makes an economic statement to the House, generally referred to as a ‘mini‑budget’, that provides basic economic and fiscal information that will be the subject of policy review and public debate leading up to the next budget. Unlike a budget presentation, these statements are delivered without notice and do not precipitate a budget debate. Notices of ways and means motions are also tabled on these occasions.

Budget presentations and economic statements are therefore related concepts, but each has its own unique characteristics.

Both the economic statement of fall 2023 and the budget of spring 2023 are very long and complex documents. As indicated in its title, “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”, Bill C-59 indeed contains many measures; some stem from the budget documents, others from the economic statement.

However, some measures are not to be found in either. The Chair takes the view that the main purpose of the bill is not the implementation of a budget, and the exception provided in Standing Order 69.1(2) does not apply in this case.

The Chair must now determine whether a common element connects the various provisions of Bill C-59 and, if not, to what extent all or some of the provisions are closely related. A broad common theme is not sufficient. As explained on November 7, 2017, at page 15095 of the Debates, the Chair must decide “whether the matters are so unrelated as to warrant a separate vote at second and third reading.”

In deciding whether a link exists, the Chair may consider several factors. Different measures may have a single objective or common elements, as the Chair found in its decision on Bill C‑4 on September 29, 2020, whose common element was a public health crisis. Cross-references between parts of a bill, or a lack thereof, may also be an indicator.

After completing this analysis, the Chair believes that Bill C‑59 should indeed be divided for the purpose of voting. As my predecessor noted on November 28, 2022, on page 10087 of the Debates, “[t]he objective here is not to divide the bill for consideration purposes, but to enable the House to decide questions that are not closely related separately.”

First, the measures in clauses 1 to 136, 138 to 143, 168 to 196, 209 to 216, and 278 to 317 appear in the 2023 budget. Since their purpose is to implement certain budget proposals, they would be grouped based on this unifying theme and voted on together.

Second, the measures that can be grouped under the theme of affordability, clauses 137, 144, and 231 to 272, will be subject to a different vote. Clauses 197 to 208 and 342 to 365 will also be grouped for voting because they amend the Canada Labour Code. Clauses 145 to 167, 217 and 218 will be subject to a separate vote because they relate to vaping products, cannabis and tobacco.

The remaining divisions of Bill C-59, consisting of clauses 219 to 230, 273 to 277, 318 and 319, 320 to 322, and 323 to 341, will each be voted on separately because they are not linked to any of the common themes mentioned earlier. In all, nine votes will be held. The Chair will remind members of this division when the bill comes to a vote at second reading.

Finally, I would like to remind members of the Chair's ruling on December 12, 2023, which also dealt with Bill C-59. The Chair found that Bill C-318 and Bill C-323 can continue through the legislative process.

I thank all members for their attention.

Carbon PricingOral Questions

January 29th, 2024 / 2:25 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, the Conservative leader likes to talk about the challenges Canadians are facing around the cost of living, but he refuses to take action and support them. He chose to delay the passage of Bill C-59, which is also hurting his own caucus.

Does the member for Battlefords—Lloydminster now suddenly oppose maternity leave for adoptive parents? Surely, the member for Cumberland—Colchester will not back down on his advocacy to remove the GST on therapy and counselling services.

While the Conservative leader is muzzling his own caucus and putting himself first, we will keep putting Canadians—

Bill C-59—Proposal to Apply Standing Order 69.1Points of OrderGovernment Orders

December 14th, 2023 / 11:55 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, in fairness, there was a point when I talked about the water agency, and I did go a little off-script. I said that was something that was happening in Winnipeg, which was somewhat spontaneous on my part, to try to liven it up a little. I will stick to my script so I can get right to the point. I am very close to being done.

Clauses 278 to 317 relate to amendments to address anti-money laundering and anti-terrorism, and the threats they pose to the safety of Canadians and the integrity of our financial system. These threats have real costs for the Canadian economy and for Canadians. Not only will these amendments help keep Canadians hard-earned money safe, but also keep our financial system sound. These measures were announced in the 2023 budget and articulated in the budget documents, so they should not be subject to separate votes at the second and third reading stages.

Clauses 318 and 319 would require the publication of information relating to the transfer of payments to the provinces. The federal government provides transfers to the provinces and territories that help deliver the services Canadians rely on, such as child care, which is a key measure to ease Canadians affordability concerns with respect to the care of their young children, and importantly to help deliver the health care that Canadians need when they are at their most vulnerable state.

Clauses 320 to 322 would amend the Public Sector Pension Investment Board Act to ensure that workers are represented in the governance of the public sector pension investments by giving a voice to labour representatives in making investment decision for workers' retirement benefits. These amendments would contribute to stronger investments that would support jobs for middle-class Canadians.

The final clauses referenced by my colleague are clauses 323 to 341, which would clarify the department mandate of Infrastructure Canada to include powers, duties and functions of the department to take a lead role for improving housing outcomes, and to enhance its activities and powers in relation to public infrastructure. These proposed amendments will assist the department in helping to deliver on Canadians' desire and need for housing in a more efficient and effective manner.

In conclusion, I submit that a significant majority of the provisions in Bill C-59 were announced in the 2023 budget and, as such, these measures should not be subject to separate votes at the second and third reading stages. The minority of amendments in Bill C-59 that were announced in the fall economic statement were designed to ease Canadians' concerns about affordability. These provisions, which seek to advance measures that address affordability concerns, represent a common theme and should be grouped as such. as provided for under Standing Order 69.1.

I thank the Speaker and all members for their patience in getting through that.