Bill C-69

Budget Implementation Act, 2024, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024

Part 1 implements certain measures in respect of the Income Tax Act and the Income Tax Regulations by
(a) denying income tax deductions for expenses incurred with respect to non-compliant short-term rentals;
(b) exempting from taxation the international shipping income of certain Canadian resident companies;
(c) exempting from taxation any income of the trusts established under the First Nations Child and Family Services, Jordan’s Principle, and Trout Class Settlement Agreement;
(d) doubling the volunteer firefighters and search and rescue volunteers tax credits;
(e) extending the eligibility for the Canada child benefit in respect of a child for six months after the child’s death;
(f) increasing the cap on labour expenditures per eligible newsroom employee from $55,000 to $85,000 and increasing, for four years, the Canadian journalism labour tax credit rate from 25% to 35%;
(g) extending eligibility for the mineral exploration tax credit by one year;
(h) providing a refundable tax credit to small and medium-sized businesses in designated provinces by returning a portion of fuel charge proceeds from the province;
(i) providing a refundable investment tax credit to qualifying businesses for investments in certain clean hydrogen projects;
(j) providing a refundable investment tax credit to qualifying businesses for certain investments in clean technology manufacturing property;
(k) amending the definition “government assistance” to exclude bona fide concessional loans with reasonable repayment terms from public authorities;
(l) implementing a number of amendments to the alternative minimum tax;
(m) increasing the home buyers’ plan withdrawal limit from $35,000 to $60,000 and deferring the repayment period by three additional years;
(n) excluding the failure to report under the mandatory disclosure rules from the application of the section 238 penalty;
(o) introducing a $10-million capital gains exemption on the sale of a business to an employee ownership trust; and
(p) implementing a number of technical amendments to correct inconsistencies and to better align the law with its intended policy objectives.
Part 2 enacts the Global Minimum Tax Act , a regime based on the rules of the Organisation for Economic Co-operation and Development (OECD). The global minimum tax regime will ensure that large multinational corporations are subject to a minimum effective tax rate of 15% on their profits wherever they do business. 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 amends the Excise Tax Act , the Excise Act , the Excise Act, 2001 , the Underused Housing Tax Act , the Greenhouse Gas Pollution Pricing Act and other related texts in order to implement certain measures.
Division 1 of Part 3 amends the Excise Tax Act by repealing the temporary relief for supplies of certain face masks or respirators and certain face shields from the Goods and Services Tax/Harmonized Sales Tax.
Division 2 of Part 3 amends the Excise Act , the Excise Act, 2001 and other related texts in order to implement changes to
(a) the federal excise duty framework for tobacco products by
(i) increasing the excise duty rates for tobacco products, including imposing a tax on inventories of cigarettes held by retailers and wholesalers,
(ii) changing the process by which brands of tobacco products for export are exempted from special excise duty and marking requirements,
(iii) allowing certain information to be shared for the administration or enforcement of the Tobacco and Vaping Products Act , and
(iv) requiring the filing of information returns in respect of tobacco excise stamps;
(b) the federal excise duty framework for vaping products by increasing the excise duty rates for vaping products; and
(c) the federal excise duty framework for alcohol by
(i) extending by two years the two per cent cap on the inflation adjustment on beer, spirits and wine excise duties, and
(ii) cutting by half for two years the excise duty rate on the first 15,000 hectolitres of beer brewed in Canada.
Division 3 of Part 3 amends the Underused Housing Tax Act and the Underused Housing Tax Regulations by, among other things,
(a) eliminating filing requirements for certain owners;
(b) reducing minimum penalties for failing to file a return; and
(c) introducing a new exemption for residential properties held as a place of residence or lodging for employees.
Division 4 of Part 3 amends the Greenhouse Gas Pollution Pricing Act by providing authority, in certain circumstances, for the sharing of certain information amongst federal officials and for the public disclosure of certain information by the Minister of National Revenue.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Budget Implementation Act, 2022, No. 1 to delay the repeal of the Prohibition on the Purchase of Residential Property by Non-Canadians Act for two years.
Division 2 of Part 4 amends the National Housing Act to increase the in-force limits for guarantees issued by the Canada Mortgage and Housing Corporation (CMHC) in respect of mortgage-backed securities and Canada Mortgage Bonds and for mortgage default insurance provided by CMHC from the temporary $750 billion to the permanent $800 billion. It also amends the Borrowing Authority Act to avoid the double counting of liabilities related to Canada Mortgage Bonds that are guaranteed by the CMHC and have been purchased by the Minister of Finance, on behalf of the Government of Canada, in the calculation of the maximum amount of certain borrowings under that Act.
Division 3 of Part 4 authorizes the making of payments to the provinces for the fiscal year beginning on April 1, 2024 respecting a national program for providing food in schools.
Division 4 of Part 4 amends the Canada Student Loans Act and the Canada Student Financial Assistance Act to expand eligibility for student loan forgiveness to early childhood educators, dentists, dental hygienists, pharmacists, midwives, teachers, social workers, psychologists, personal support workers and physiotherapists.
Division 5 of Part 4 amends the Canada Education Savings Act to, among other things,
(a) authorize the Minister responsible for that Act to open a registered education savings plan in respect of a child born after 2023 who is eligible for the payment of the Canada Learning Bond and is not the beneficiary under such a plan, so that the Minister may pay a Canada Learning Bond in respect of the child; and
(b) increase, from 20 to 30 years, the maximum age of a beneficiary under a registered education savings plan in respect of whom a Canada Learning Bond may be paid on application.
It also makes consequential amendments to the Income Tax Act .
Division 6 of Part 4 amends the Bretton Woods and Related Agreements Act to increase the maximum financial assistance that may be provided in respect of foreign states.
Division 7 of Part 4 amends the Bretton Woods and Related Agreements Act to increase the amount of the payment that the Minister of Finance may provide to the International Monetary Fund in respect of Canada’s subscriptions. It also amends the International Development (Financial Institutions) Assistance Act and the European Bank for Reconstruction and Development Agreement Act to provide for new financial instruments that the Minister of Foreign Affairs or the Minister of Finance, as the case may be, may use to provide financial assistance to the institutions referred to in those Acts.
Division 8 of Part 4 amends the International Financial Assistance Act to, among other things, provide that foreign exchange losses in relation to programs referred to in that Act must be charged to the Consolidated Revenue Fund and provide for the making of payments to Development Finance Institute Canada (DFIC) Inc. in relation to programs referred to in that Act out of the Consolidated Revenue Fund.
Division 9 of Part 4 amends the Export Development Act to lower the limit for total liabilities and obligations referred to in subsection 24(1) of that Act from $115 billion to $100 billion.
Division 10 of Part 4 amends the Financial Administration Act to broaden the application of subsection 85(2) of that Act to other Crown corporations.
Division 11 of Part 4 amends the Financial Administration Act to require certain banks and other financial institutions to disclose prescribed information for federal payments accepted for deposit.
Division 12 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to enhance the Canada Health Transfer for qualifying provinces and territories.
Division 13 of Part 4 amends the Pension Benefits Standards Act, 1985 to require that the Superintendent of Financial Institutions publish certain information relating to pension plan investments. It also amends the Pooled Registered Pension Plans Act to require that plan administrators provide specified information by written notice to certain persons when they become members of a pooled registered pension plan.
Division 14 of Part 4 amends the Canada Pension Plan to, among other things,
(a) provide for a death benefit of $5,000 in cases where no other Canada Pension Plan benefit, with the exception of the orphan’s benefit, has been paid in respect of the deceased contributor’s contributions;
(b) create a new child’s benefit for dependent children aged 18 to 24 who are in part-time attendance at school;
(c) maintain eligibility for the disabled contributor’s child’s benefit if the disabled contributor reaches the age of 65;
(d) allow for the deeming of an application for a disabled contributor’s child’s benefit on behalf of a child to have been made at an earlier date under the Canada Pension Plan ’s incapacity provisions;
(e) preclude entitlement to a survivor’s pension if an individual has received a division of unadjusted pensionable earnings in respect of their deceased separated spouse; and
(f) clarify the determination of the payee of the disabled contributor’s child’s benefit.
It also makes a consequential amendment to the Canada Pension Plan Regulations .
Division 15 of Part 4 amends the Public Sector Pension Investment Board Act to provide for the payment of certain amounts into the Consolidated Revenue Fund by the Public Sector Pension Investment Board.
Division 16 of Part 4 enacts the Consumer-Driven Banking Act , which establishes a consumer-driven framework for individuals and small businesses to safely and securely share their data with the participating entities of their choice.
It also makes related amendments to the Financial Consumer Agency of Canada Act to establish the position of Senior Deputy Commissioner for Consumer-Driven Banking who is responsible for consumer-driven banking matters and to provide for, among other things, the supervision of participating entities.
Division 17 of Part 4 amends the Bank Act to, among other things, clarify the definitions “deposit-type instrument” and “principal-protected note”.
Division 18 of Part 4 amends the Office of the Superintendent of Financial Institutions Act to increase to $100,000,000 the maximum amount that expenditures made out of the Consolidated Revenue Fund to defray the expenses arising out of the operations of the Office may exceed the Office’s total assessments and revenues.
Division 19 of Part 4 amends the Bank of Canada Act to clarify that the Bank of Canada may enter into repurchase, reverse repurchase and buy-sellback agreements.
Division 20 of Part 4 amends the Canada Business Corporations Act to
(a) harmonize fines for a corporation guilty of an offence related to the collection or sending of information regarding individuals with significant control; and
(b) set separate fines and imprisonment terms on the basis of a summary conviction or a conviction on indictment for a director, officer or shareholder of a corporation guilty of an offence related to individuals with significant control.
Division 21 of Part 4 amends Parts I to III of the Canada Labour Code to, among other things,
(a) provide that a person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer;
(b) provide that if, in any proceeding other than a prosecution, an employer alleges that a person is not their employee, the burden of proof is on the employer; and
(c) prohibit an employer from treating an employee as if they were not their employee.
Finally, it also includes transitional provisions.
Division 22 of Part 4 amends the Canada Labour Code to, among other things, set out certain employer obligations relating to policies respecting work-related communication and clarify certain employee rights and employer obligations relating to terminations of employment. It also includes transitional provisions.
Division 23 of Part 4 amends the Employment Insurance Act to extend, until October 24, 2026, the duration of the measure that increases the maximum number of weeks for which benefits may be paid in a benefit period to certain seasonal workers.
Division 24 of Part 4 amends section 61 of An Act for the Substantive Equality of Canada’s Official Languages in order to add a reference to subsections 18(1.1) and (1.2) of the Use of French in Federally Regulated Private Businesses Act in subsection 19(1) of that Act, which An Act for the Substantive Equality of Canada’s Official Languages enacts.
Division 25 of Part 4 authorizes a corporation that is to be incorporated as a wholly owned subsidiary of the Canada Development Investment Corporation to provide loan guarantees as part of an Indigenous loan guarantee program and authorizes the payment out of the Consolidated Revenue Fund by the Minister of Finance of amounts that are required in respect of those guarantees.
Division 26 of Part 4 authorizes the payment of up to $1.3 million to entities or individuals involved in the government’s engagement in a pilot project for the creation of a Red Dress Alert.
Division 27 of Part 4 provides that the subsidiary of VIA Rail Canada Inc. incorporated with the corporate name VIA HFR - VIA TGF Inc. is, as of the date of its incorporation, an agent of His Majesty in right of Canada and may enter into contracts, agreements and other arrangements with His Majesty as though it were not such an agent.
Division 28 of Part 4 amends the Impact Assessment Act , in response to the majority opinion of the Supreme Court of Canada on the constitutionality of that Act, to, among other things,
(a) align the preamble and purpose provision with the primary objective of that Act, which is to prevent or mitigate significant adverse effects within federal jurisdiction — and significant direct or incidental adverse effects — that may be caused by the carrying out of physical activities;
(b) replace the definition “effects within federal jurisdiction” with “adverse effects within federal jurisdiction” and, in doing so,
(i) restrict the definition to non-negligible adverse changes,
(ii) limit transboundary changes to those involving the pollution of transboundary waters and the marine environment, and
(iii) include, in respect of federal works or undertakings and activities carried out on federal lands, non-negligible adverse changes to the environment or to health, social and economic conditions;
(c) ensure that the impact assessment process applies only to those physical activities that may cause adverse effects within federal jurisdiction or direct or incidental adverse effects;
(d) ensure that, in deciding if an impact assessment of a designated project is required, one factor that the Impact Assessment Agency of Canada must take into account is whether another means exists that would permit a jurisdiction to address those effects;
(e) amend the final decision-making provisions to provide for an initial determination as to whether the adverse effects within federal jurisdiction and the direct or incidental adverse effects are likely to be, to some extent, significant, and then, if so, provide for a determination as to whether those effects are justified in the public interest; and
(f) improve cooperation tools to better harmonize the impact assessment process with the processes for assessing effects that are followed by provincial and Indigenous jurisdictions.
Finally, it also includes transitional provisions.
Division 29 of Part 4 amends the Judges Act to increase the number of salaries authorized for judges of superior courts other than appeal courts. It also reduces in a corresponding manner the number of salaries authorized for judges of provincial unified family courts.
Division 30 of Part 4 amends the Tax Court of Canada Act to provide that, if a party to a proceeding under the general procedure of the Tax Court of Canada is not an individual, that party must be represented by counsel, except under special circumstances.
Division 31 of Part 4 amends the Food and Drugs Act to, among other things, authorize the Minister of Health to
(a) establish rules for the purpose of preventing, managing or controlling the risk of injury to health from the use of therapeutic products, other than the intended use, or the risk of adverse effects on human beings, animals or the environment from the use of a drug intended for an animal;
(b) exempt any food, therapeutic product, person or activity from the application of certain provisions of that Act or its regulations; and
(c) deem, on the basis of decisions of, information or documents produced by, a foreign regulatory authority, that certain requirements of that Act or its regulations are met in respect of a therapeutic product or food.
Finally, it also includes a transitional provision.
Division 32 of Part 4 amends the Tobacco and Vaping Products Act to authorize the provision of customs information to the Minister responsible for that Act for the purpose of the administration and enforcement of that Act and to authorize that Minister to disclose information to other federal ministers for certain purposes.
Division 33 of Part 4 amends the Criminal Code to broaden the criminal interest rate offence to prohibit a person from offering to enter into an agreement or arrangement to receive interest at a criminal rate and from advertising an offer to enter into an agreement or arrangement that provides for the receipt of interest at a criminal rate. It also repeals the provision that requires the consent of the Attorney General prior to commencing proceedings related to the offence.
Division 34 of Part 4 contains measures that are related to money laundering, terrorist financing and sanctions evasion and other measures.
Subdivision A of Division 34 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,
(a) permit information sharing between reporting entities for the purpose of detecting and deterring money laundering, terrorist financing and sanctions evasion;
(b) authorize, subject to certain conditions, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) to disclose certain information to provincial and territorial civil forfeiture offices and to the Department of Citizenship and Immigration;
(c) authorize FINTRAC to publicize additional information pertaining to violations of that Act; and
(d) extend the application of that Act to cheque cashing businesses.
It also makes consequential amendments to the Personal Information Protection and Electronic Documents Act and the Cross-border Currency and Monetary Instruments Reporting Regulations .
Subdivision B of Division 34 amends the Income Tax Act and the Excise Tax Act to allow provincial or superior court judges, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 of the Criminal Code to grant on application by a Canada Revenue Agency official the authorization to use device or investigative technique, or procedure or otherwise do any thing provided in a warrant, for purposes of tax investigations.
Subdivision C of Division 34 amends the Criminal Code to provide for an order to keep an account open or active and for a production order to require the production of documents or data that are in a person’s possession or control on dates specified in an order that fall within the 60-day period after the day on which it is made.
Division 35 of Part 4 amends the Criminal Code to, among other things,
(a) create new offences in respect of motor vehicle theft, including an offence concerning the possession or the distribution of an electronic device suitable for committing theft of a motor vehicle, and in respect of criminal organizations; and
(b) add, as an aggravating factor, evidence that an offender involved a person under the age of 18 years in the commission of an offence.
It also makes consequential amendments to other Acts.
Division 36 of Part 4 amends the Radiocommunication Act to, among other things, prohibit the manufacture, import, distribution, lease, offer for sale, sale or possession of certain devices specified by the Minister of Industry. It also amends that Act to establish as an offence or a violation the contravention of that prohibition.
Division 37 of Part 4 amends the Telecommunications Act to, among other things, require telecommunications service providers to provide their subscribers with a self-service mechanism that allows them to cancel their contract for telecommunications services or modify their telecommunications service plan and to inform those subscribers before the expiry of their fixed-term contract, as well as in other specified circumstances, of other service plans that those providers offer. It also amends that Act to prohibit the charging of certain fees.
Division 38 of Part 4 amends the Corrections and Conditional Release Act to, among other things,
(a) provide that the Correctional Service of Canada is responsible for implementing any arrangement — approved by the Minister of Public Safety and Emergency Preparedness — entered into by the Commissioner of Corrections and the Canada Border Services Agency with respect to the support that the Service may provide to the Agency to assist in the exercise of certain powers or the performance of certain duties and functions;
(b) control the access of the inmates of a penitentiary to a designated immigrant station adjacent to the penitentiary and the access of the immigration detainees of a designated immigrant station to a penitentiary adjacent to the station; and
(c) provide that, in exigent circumstances, staff members of the Service may provide additional support to detention enforcement officers of the Agency to assist them in the exercise of certain powers or the performance of certain duties and functions.
It also amends the Immigration and Refugee Protection Act to define the term “immigrant station”, to provide that an area of a penitentiary may be an immigrant station only if it is designated under the Corrections and Conditional Release Act and to set out the circumstances under which a person detained under that Act may be detained in a designated immigrant station.
Finally, it provides for the repeal of those amendments on a specified date and includes a transitional provision.
Division 39 of Part 4 contains measures related to public debt and the borrowing of money.
Subdivision A of Division 39 amends the Financial Administration Act to clarify that certain regulations and directions do not apply to contracts related to the borrowing of money entered into by the Minister of Finance.
Subdivision B of Division 39 amends the Borrowing Authority Act to increase the maximum amount of certain borrowings.
Division 40 of Part 4 amends the Trust and Loan Companies Act , the Bank Act and the Insurance Companies Act to require certain financial institutions to make available information respecting diversity among directors and members of senior management.
Division 41 of Part 4 amends the Trust and Loan Companies Act , the Bank Act and the Insurance Companies Act to extend the period during which federal financial institutions governed by those Acts may carry on business.
Division 42 of Part 4 amends the Federal Courts Act to provide that the Federal Court has jurisdiction to hear applications for judicial review of decisions of the Social Security Tribunal on the extension of time to make a request for review or reconsideration under the Canada Disability Benefit Act . It also amends the Tax Court of Canada Act and the Department of Employment and Social Development Act to, among other things, provide the Tribunal with jurisdiction to hear appeals of decisions made under the Canada Disability Benefit Act and require that matters related to income raised in those appeals be referred to the Tax Court of Canada.
Division 43 of Part 4 amends the Controlled Drugs and Substances Act to repeal provisions related to the ministerial power to exempt supervised consumption sites from the application of that Act. It also amends that Act to allow for the making of regulations respecting authorizations for supervised consumption and drug checking services and includes transitional provisions.

Budget Implementation Act, 2024, No. 1

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

Resuming debate, the hon. member for Joliette has the floor.

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

Madam Speaker, Bill C‑69 is a budget implementation omnibus bill that creates or amends 67 different acts. The government promised never to use this type of thing, but for the past several years, it has continued to do so.

Bill C‑69 enacts, among other things, the consumer-driven banking act, which establishes that it is the federal government alone that regulates this sector and that the Financial Consumer Agency of Canada acts as the regulator.

We asked the government to take this division out of Bill C‑69 and correct some of its shortcomings over the summer so it could come back this fall with a framework that does not give Bay Street an unfair advantage over other financial institutions, that respects the jurisdictions of Quebec and the provinces, and that will be administered by a competent body. However, the government just voted against our request. The government is not working well. It is not listening, it is being partisan, and it is undermining Quebec. That is why we will be voting against this bill.

I am going to talk more about the open banking system, beginning with some context. As things stand, all financial services are based out of financial institutions that people do business with directly. These institutions are legally and financially responsible in the event of fraud or data theft, so they are fiercely protective of our personal data. Under an open banking system, financial institutions will have to share our data with platforms that will enable us to access all our accounts with one click. It would be a minor revolution. Ultimately, we can envision a system in which financial institutions essentially just create financial products, with client relations being handled by tech companies that do not themselves provide financial products, but act as intermediaries and data aggregators. That calls for a framework.

People want the flexibility an open banking system offers. That is why financial technology or fintech companies have already started coming on line despite the legal limbo. They are not well regulated, so they find other ways to evolve. Users themselves provide their credentials. The app goes into a user's account, extracts data from the screen and stores it. Financial institutions' secure networks get regular visits from actors outside the financial sector, and that makes them vulnerable. The more advanced these strategies get, the greater the risk.

We know that the level of risk varies. An aggregator that scans public data to show us mortgage rates at all financial institutions in one click is low risk. When it collects our personal data to give us a detailed picture of our financial situation, that carries more risk for the protection of sensitive personal information, namely financial information. If the app can be used to perform transactions, which implies that it places orders, that opens up a whole new level of risk, the risk of fraud. Let us also not forget that a series of orders quickly placed with the help of an AI system could completely destabilize all financial institutions. What about the principle of needing to know the customer? That principle is the foundation of our anti-money laundering laws. How can a financial institution apply this principle when it is communicating via an app?

Lastly, an important part of risk is the financial capacity to take on risk. Without that, the consumer could lose everything. Prudential regulations have to adapt. What we need is a clear framework with clear obligations and responsibilities.

The financial sector is a shared jurisdiction. The federal government has authority over banks and federally incorporated financial institutions. Financial institutions that are not banks, namely credit unions and trust companies, fall under the jurisdiction of Quebec and the provinces. Financial intermediaries, such as investment dealers and financial advisers, fall under the jurisdiction of Quebec and the provinces. Tech companies in the financial sector are not currently regulated, but they are likely similar to financial intermediaries.

There are different models in all this. There is the Interac approach. The Interac system, which enables exchanges between institutions and allows us, for example, to use our debit card everywhere, was developed by the financial companies themselves. These companies agreed on a common technology and standards to ensure that transactions are secure. Companies that adopt and comply with the common standards can join the system and offer Interac. This is the approach taken by the United Kingdom. In Canada, it is the approach that was favoured by the Advisory Committee on Open Banking in 2021.

The advantage of this approach, which is the simplest and most flexible, is that each government retains full regulatory power and adopting the open banking system does not result in any transfer of power. The disadvantage is that it is a form of self-regulation. The standard adopted may very well be aimed primarily at developing the sector rather than protecting citizens. Personal information, financial risks and fees come to mind. The banks, which initially advocated self-regulation, realized that squeezing out the legislator would not work and that co-operation would be a more realistic option.

Another approach, the one that we advocate and prefer, is the securities approach. Securities fall mainly under provincial jurisdiction, but Ottawa has laws governing federally incorporated companies. The Supreme Court of Canada has also recognized federal jurisdiction over systemic risk in the financial sector. In Quebec, the Autorité des marchés financiers is the regulator. To ensure that businesses could raise capital across Canada and that registrations in one province would be recognized everywhere, governments decided to coordinate. That is why Quebec's corporations legislation is very similar to the federal corporations legislation and to the corporation laws of all the other provinces. The same is true for all legislation governing the various aspects of securities. Quebec retains its legislative powers. The Quebec act may be stricter in some respects. For example, Quebec is the only province that requires a French version for all corporations registered with the Autorité des marchés financiers. However, this version must comply with the common standard adopted by all governments.

For years now, the federal government has wanted to centralize securities regulation in a single commission and concentrate the entire financial sector in Toronto, to the detriment of Montreal in particular. Quebec and the Quebec business community have always opposed this. In 2021, my party successfully amended the budget implementation bill to close the federal office responsible for creating a single securities commission. It was a really nice moment in a committee meeting over Zoom. I remember it clearly. The model of co-operation between governments, which has survived repeated attacks by the federal government, is still going and is working well. As I was saying, the securities model is the approach that my party and I favour for the open banking system.

However, in Bill C‑69, Ottawa is opting for unilateralism and centralization. As I was saying earlier, Bill C‑69 enacts the consumer-driven banking act, which would make the federal government the sole regulator of this sector, with the Financial Consumer Agency of Canada serving as the regulator. That is a problem, too. The agency does not have the qualifications to do that at all. Since fintechs are not under federal jurisdiction, Ottawa has opted to regulate them indirectly by regulating how banks can transact with them.

Specifically, Bill C‑69 provides that banks and other federally regulated financial institutions will be covered by the new act. They will be required to co-operate with fintech companies, but they may do so only in accordance with federal rules and standards. Institutions that are not federally regulated will be ignored. They can opt in voluntarily with approval from their province, which would then have to waive the right to apply its own laws to the portion of their activities that comes under the open banking system. For now, Bill C‑69 does not affect insurers, because of the sensitive nature of the medical data they hold, or intermediaries such as brokers, but the framework will likely expand to cover them in the future.

The specific rules and standards that will apply to the sector, particularly in terms of consumer protection and financial liability, will be set out in another bill that is due out in the fall, but the decision to make it exclusively federal is being made now, in Bill C‑69.

In practical terms, the Quebec Consumer Protection Act and the Quebec act respecting the protection of personal information could cease to apply to financial institutions for any activities related to open financial services. That is no small thing.

We are getting ready to pass this bill at third reading in the House, but the impact of an exclusively federal open banking system on the prudential obligations of Quebec financial institutions, as set out by the Autorité des marchés financiers, is still unclear.

In addition to forcing Quebec to transfer legislative power to Ottawa, Bill C-69 puts Quebec's institutions at a disadvantage with respect to federal institutions. While banks will have only one set of regulations to follow, under this bill, an institution like Desjardins would be caught between two governments: the Government of Quebec, for its general operations, and the federal government, for its technological interactions with customers. That is ridiculous.

The fact that Quebec institutions will be subject to two uncoordinated regulatory bodies could be downright dysfunctional and give banks an egregious advantage over co-ops and trust companies. That is unacceptable.

[The Assistant Deputy Speaker, Carol Hughes]

We have to move on to Private Members' Business. The hon. member will have eight minutes and 30 seconds remaining when the House resumes consideration of this bill.

The House resumed consideration of the motion that Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, be read the third time and passed.

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

Madam Speaker, after that 15-minute break to discuss Bill S-224, I am going to return to my speech on Bill C-69. I want to focus on the division that creates the federal framework for the open banking system and centralizes powers.

As I said before the break, under this bill, banks under federal jurisdiction would have only one set of regulations to follow, whereas an institution under provincial jurisdiction, like Desjardins, would be caught between two governments: the Government of Quebec, for its general operations, and the federal government, for its technological interactions with customers. The fact that these institutions will be subject to two uncoordinated regulatory bodies could be downright dysfunctional and give banks an egregious advantage over co-ops, trust companies, credit unions, Alberta Treasury Branch Financial, and so on. Why always favour Bay Street? This is unacceptable.

Bill C‑69 places Quebec in a dilemma in which there are no good options. If we refuse to join the federal framework, our institutions will stay trapped in the 20th century while their federal competitors step into the technological 21st century. Maybe we could let our financial institutions opt in to the federal framework, but then Quebec would have to waive the right to apply its own laws to their activities that come under the open banking system, which is unacceptable, especially with the Civil Code, consumer protection laws and so forth.

Then there is the worst-case scenario. In order to survive against its federal competitors, an institution like Desjardins could choose to stop being a Quebec institution within the meaning of Quebec's Cooperatives Act and become a federal institution under Canadian co-operative bank legislation. Trust companies would face the same choice. Since the open banking system could eventually be expanded to cover insurance, all of our insurance companies could switch over to federal regulation. That is what is at issue in Bill C‑69.

If this worst-case scenario comes to pass, the entire financial sector and all of its activities will be completely outside Quebec's jurisdiction. That is a serious threat to Montreal's status as a financial hub. In short, by using its power over banks to regulate all companies that interact with them, Ottawa is trying to force Quebec and the provinces out of the financial sector, which it failed to do when it was trying to regulate securities.

Rather than taking the unilateral, centralist route, Ottawa should have chosen co-operation. It could have called a federal-provincial finance ministers' working meeting on open banking. It could have encouraged them to release a joint statement at the end of this meeting in which the governments announce their intention of developing a common regulatory approach with a clear deadline, such as 2025, and possibly setting up a federal-provincial office. It could have sent a clear message to all financial institutions, not just banks, telling them to agree on a common technology, such as a secure data transfer protocol, because open banking is coming. It could have worked on common regulations on accreditation rules for fintech companies, security standards, clarification of financial liability, and consumer and data protection.

We asked the government to take out the division on open banking that centralizes the sector exclusively at the federal level, to take a few months to coordinate with the various players and the provinces and then to come back in the fall with a framework that respects jurisdictions and does not put provincially regulated institutions at a disadvantage. This government rejected our proposal, so now we are going to have to build this new system on a very bad foundation.

Another concern is that, in Bill C‑69, the government delegates the administration of the framework to the Financial Consumer Agency of Canada, an agency that mainly promotes financial literacy and does not have any of the required expertise. In committee, FCAC representatives acknowledged that they did not have expertise in sharing financial data in a way that minimizes the obvious cybersecurity risks. They also told us they do not currently have a plan for developing the expertise needed to oversee the security aspect of open banking.

We also asked several questions that the FCAC representatives said they were unable to answer. For example, since fintech companies are not banks, they are not federally regulated.

Did the government obtain the consent of the provinces, particularly Quebec, which has its own civil laws, before introducing this bill? They are unable to answer.

During the briefing on the notice of ways and means preceding the bill, it was my understanding that provincially regulated financial institutions could opt in to the federal framework provided that the province consents and declines to regulate those activities involving the open banking system. Is that the case? They do not know. They are unable to answer.

Which provincial laws will have to take a back seat to federal laws? They cannot answer this, either.

Who will be tasked with certifying the technology companies? Will it be Ottawa or the Autorité des marchés financiers? They are unable to answer.

Will Quebec's Consumer Protection Act apply to the activities of the open banking system? They are unable to answer. In the event of fraud or damages, will it be possible to launch a lawsuit or class action under the Civil Code or the Consumer Protection Act against a fintech company? Once again, they are unable to answer that question.

Will the sharing of financial liability between the financial institution and the technology company necessitate changes to the financial institutions' prudential standards? Will the Autorité des marchés financiers need to change its rules to comply with the federal framework? Again, they are unable to answer.

None of this is surprising. The Financial Consumer Agency of Canada is not well placed to administer this framework. It learned it would be receiving this role the day before the budget was tabled. When it comes to behaving like amateurs and making things up on the fly, this government takes the cake.

To avoid a disaster or some risky backpedalling, we asked the government to remove this division from Bill C-69. We suggested reworking it this summer and coming back with a good bill this fall. The government refused.

We are opposing this bad bill that sets this entire sector up on a terrible foundation. It is unacceptable.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I appreciated a number of the comments the member made. I can understand why, through technological changes and advancements in web design, consumers rely more and more on Internet banking.

The member gave the impression that the reason he is voting against the budget bill is that specific issue. Is my interpretation right, or are there other aspects to the legislation the member opposes?

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

Madam Speaker, that is a big problem for us with this bill.

The bill is 660 pages long and amends or creates 67 laws. Some of it is good, and some is not so good.

One example of something good is that it changes the rules so that companies that declare their profits in tax havens are taxed more effectively. That is a step forward. That is good. We applaud that.

The $11 billion being given to the gas industry to make hydrogen is a subsidy, a program tailor-made for the gas industry. It is not a plan to fight climate change. Therefore, we oppose it.

I spent all my allotted time talking about open banking for a reason. It is a big deal. It is a big deal for Quebec, for Montreal's status as a financial hub, and for our financial institutions, like Desjardins. It is unacceptable. Once again, I condemn the government's failure to listen. As soon as there is a chance to favour Bay Street over its competitors in the financial sector, the government seems to kowtow to the big Bay Street banks. That is unacceptable. That needs to change.

The framework will not be put in place until next fall. Why not take the summer to coordinate and build on a solid foundation rather than on such a shaky, poorly managed framework?

It is a disaster waiting to happen.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, honestly, I have lost count of how many attempts this government has made to impoverish people, to make them feel insignificant. It is interfering in our most fundamental jurisdictions, in the areas that are the most important to us. In 2021, I realized just how important securities are to Quebec and how symbolic they are. I would like my colleague to expand on that.

When it comes to finance, the government and even the opposition present themselves as champions of the economy, but they forget that there is so much room for improvement. I am referring here to the securities framework, but also to capital gains. We made some intelligent proposals, but once again, we have not heard anything from the government. I would also like my colleague to comment on that.

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

Madam Speaker, I thank my friend, the member for Shefford, for her comments.

First, the capital gains tax comes into effect on June 25, but the bill does not yet exist. We are told that there will be a draft bill at the end of July and that it will not be introduced, debated and studied in the House until this fall. We certainly intend to make amendments to improve it. We will make sure that millionaires pay a higher tax rate than middle-class working people. That is not currently the case. We will also make sure that collateral victims get better protection than we expect to see in the bill.

Symbolism matters when it comes to Quebec's model for financial institutions, for securities, for the open banking system we are talking about here. The government symbolically recognizes the Quebec nation, but the more than 100,000 well-paid jobs at the Montreal Exchange and all the associated expertise, plus everything to do with insurance, is more than just a symbol to us. We do not want to be at the mercy of companies like Power Corporation, Sun Life or Canada Life. We see how badly that is working.

Quebec has expertise when it comes to the financial sector and insurance. We want to maintain that expertise. The federal framework allows it, but the pursuit of excessive centralization we see with this government and other governments we have here is hurting us. It is a constant struggle just to protect our turf.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, I am really privileged to serve on the finance committee with my hon. colleague, and I want to thank him for all of his excellent contributions at committee. My question to him is on the capital gains exclusion issue, which is not covered by this bill, but, as he points out, will be in legislation coming to this House soon.

He heard evidence today suggesting that when the Conservatives raised the capital gains inclusion rate in Canada in 1988 and 1990 from 50% to 66.6% to 75%, there was no material effect on investments by businesses. It did not have any negative effect on their investments in machines or equipment. Nor has there been an increase in investments as capital gains have come down since the year 2000. In other words, he heard evidence that there is no real relationship between the capital gains inclusion rate and investments by businesses.

Can the member tell the House what his thoughts were after hearing that evidence?

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

Madam Speaker, I thank my colleague. I am also pleased and privileged to work with him at the Standing Committee on Finance. We sit next to each other and I think we are learning to work well together, which is a great privilege.

I raised this question, this thought earlier today in committee. The irony is that it was the Conservatives who increased the capital gains inclusion rate to 75%. It is the Liberals who lowered it to 50%. Now, the roles are reversed. The Liberals want to increase it to two-thirds and the Conservatives are getting all worked up.

As for the economic consequences of this, I am no expert. The International Monetary Fund just said that the impact, if there is one, would be quite marginal. I do believe, however, that for the principle of tax fairness, it is something that would be important to implement.

However, we have a lot of concerns for people who are not part of the wealthiest 1%, but could get caught up in this when selling a home for their retirement. This happens a lot in Quebec. We want to properly study the upcoming bill to determine what it is all about and to better protect any potential collateral victims.

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

Madam Speaker, I want to congratulate my colleague on his excellent speech. Personally, I think this is a case of major interference in Quebec's businesses and financial services. How does my colleague think the financial community in Quebec will react? What dynamic can we expect to see?

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

Madam Speaker, I thank my colleague and friend from La Pointe-de-l'Île for his intervention.

Yes, it is interference, and yes, it is a concern for provincially regulated financial institutions. Desjardins is subject to Quebec regulations. Representatives of Desjardins appeared before the committee and raised many serious concerns in their testimony. Federal governments of every political stripe always work for the big Bay Street banks at the expense of other players, such as credit unions or Desjardins.

If the government had any respect for the federative nature of the country we are currently in, it would never dream of interfering like this. First, it should negotiate, and then it should coordinate. That is all we are asking the government to do, but it refuses to do it. It always comes down to John A. Macdonald's great dream of a legislative union rather than a federation. That had no support back then, and it has none today either. The compromise was a federation where each government, each assembly, was sovereign in its own jurisdictions.

Rather than properly managing problems within its own jurisdictions, this government is trying to encroach on the jurisdictions of Quebec and the provinces. It is trying to boss them around and tell them what to do. It is trying to steal powers so it can turn the federation into a legislative union. It seems that Quebec, Quebec's specificity, no longer counts, even though the House has officially recognized Quebec as a nation. The government does not seem to be listening. That is unacceptable.

[Mario Simard, Bloc, Jonquière, QC]

Madam Speaker, I heard my colleague talk about capital gains earlier. I heard the Leader of the Opposition say earlier this week that this bill could not be amended in committee.

I was confused. The leader of the official opposition has been a member for 20 years. Is it possible that the leader of the official opposition does not know how a bill works?

I would like my colleague to elaborate on that.

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

Madam Speaker, I served with the current Conservative leader on the Standing Committee on Finance. He knows perfectly well how it works.

When he says that the forthcoming bill cannot be amended or modified, that amendments cannot be brought forward, he is lying shamelessly. He is lying through his teeth.