Effective and Accountable Charities Act

An Act to amend the Income Tax Act (use of resources of a registered charity)

Status

Second reading (House), as of May 16, 2022

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Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Income Tax Act to permit charities to provide their resources to a person who is not a qualified donee, provided that they take reasonable steps to ensure those resources are used exclusively for a charitable purpose.

Elsewhere

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

May 25th, 2023 / 2:10 p.m.
See context

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Okay. It was just a point of clarity. So, as it catches your eye, whether it be virtually or in the committee room, the person who gets there will get there first. That's fine, and that's fair.

I want to talk a little bit about the share of the stay-at-home parents' participation tax rate. Before 1985, there were nearly zero individuals who paid more than 50%. In fact, in 2010, it was still a very small percentage; it was less than 10%, by my read of this graph. However, as we get to 2022, that number dramatically increases. We've seen an increase and a creep-up of the marginal effective tax rates for lower-income workers. As I said, this can often be more than 50%. On occasion, it can be greater than 80% for low-income earners, meaning they only get to keep 20¢ on every dollar they earn, which is incredibly disappointing and also incredibly demotivating to Canadians who are simply trying to go out there and work hard. It also has real challenges for us as we face a labour challenge. We should be doing everything we can to incentivize work. Instead, we are disincentivizing it.

As a country.... The Liberal government should be out there saying that it supports those who are going to work and trying to improve their lot. I believe the Prime Minister says, “the middle class and those [aspiring] to join it.” To those folks who are trying to join the middle class, we should be giving every handout; we shouldn't be slapping their hands as they try to climb up the economic ladder, which is, metaphorically, what is happening right now.

The marginal effective tax rate is driving people back into poverty. This is seen by the food bank usage. As we heard, the situation is “disturbing”. Many food banks have seen a double or even triple usage compared to pre-COVID levels. As the government takes a larger and larger share of Canadians' earnings, we throttle down; we take out the productivity and innovation of our economy. Of course, we are forecasted to have some of the lowest economic growth in the OECD going to 2060. We are also forecasted to be dead last in capital investment. We need private capital to drive innovation to grow our economy, and unfortunately we are not looking good on that front according to the OECD. It's extremely challenging.

Why is this important, Mr. Chair? Well, this is important because productivity drives our economy, which drives our standard of living. When productivity decreases, growth rates decrease, and when productivity and growth both decline, it's the most vulnerable who often pay the highest price, as is the case with inflation. When inflation goes up, the wealthy may be inconvenienced, but it's the most vulnerable who have to go to food banks. It's the cost of inflation. It's deficit-fuelled inflation fuelling spending that is driving Canada deeper and deeper into debt.

Quite frankly, Mr. Chair, we need to hear expert testimony on this. We need to understand—to an even greater extent than we do—what the impact of this deficit spending will be. We have seen that the marginal effective tax rate is a substantial weight or anchor on our economy.

I'll give you an example of the impact of the marginal effective tax rate.

Mom and dad each earn $30,000, for a total family income of $60,000. On the one hand, they pay $7,668 in combined federal income taxes and contributions—employment insurance (EI) and Canada Pension Plan (CPP)—and $1,729 in Alberta taxes and contributions, for a total payment of $9,397.... The total of benefits received minus taxes and contributions paid yields an initial family disposable income of $62,900.

Mom considers working overtime one month to earn an extra $500. As a result, family benefits would decrease by $99 while federal and provincial taxes and contributions would increase by $152, and the family’s disposable income would increase by $249...rather than by the full $500 [that she rightfully earned].

The family's marginal effective tax rate would round out to 50%. That's income earners, earning $30,000 each, giving over 50¢ on the dollar back to the government.

To earn that $500, the reality is that there were probably other expenses that had to be incurred along the way. There were probably additional transportation expenses. If this individual needs to take public transportation, there's the cost of that. If they own a car, there's gasoline and wear and tear on the vehicle. Then there are additional expenses with respect to child care, perhaps. Maybe she's working in the evening. That $249 could easily be eroded.

That's why many Canadians are feeling like everything in Canada is broken. For many Canadians, and I've heard this from Canadian after Canadian, it feels like work doesn't pay anymore here in Canada. We need to dispel that notion. We need to celebrate work. We need to incentivize work. We need to get that deal back, that broken deal that says if you work hard and make the right decisions here, you're going to be rewarded. You're going to be able to afford a house. You're going to have a little extra money to save for retirement. You're going to have a little bit of extra money even to go and have a vacation. You're going to be able to afford the basic necessities and not worry about making your bill payments at the end of the month.

Canada, more than ever, needs its entrepreneurs, its workers, to power our economy through. Unfortunately, this Liberal government is putting in barrier after barrier after barrier.

I'll give you another example of how this government is putting in barriers that are preventing Canadians from achieving their full potential. In this scenario, mom earns $30,000 and dad stays at home, for a total family income of $30,000. Mom pays $1,985 in federal income tax and contributions to EI and CPP, with no Alberta income tax, for a total payment of $1,985. The family also receives government benefits. The total benefits received, minus taxes and contributions paid, are $49,555.

Dad says he's considering returning to the workforce. He has an offer. He's excited to return to the workforce. He's going to be earning $30,000 a year. The family's disposable income, instead of increasing by that $30,000, would increase by only $13,350, reflecting the loss of federal benefits, provincial benefits and the rise in federal and provincial income tax. That means that his participation tax rate is 56%. That's for someone earning $30,000 a year. Man, that is brutal, especially when you consider the additional costs that may be necessary to return to work. Maybe he required some additional training and there were costs with respect to that education. Maybe there was a second car required if they live in a rural area. Now we may have actually put them behind the eight ball.

The reality is that the majority of stay-at-home parents are moms and some of them certainly want to continue doing this. Others want to return to the workforce. For those who want to return to the workforce, we should not be subjecting them to marginal participation tax rates in excess of 50%. These are women who have decided that they want to return to the workforce, and the government is all but stopping them by taking more than 50¢ on every dollar that they earn. These issues are incredibly challenging.

We'll continue to talk about the government's war on work. Quite frankly, I was looking forward to many of the witnesses testifying about that. Those who have been paying attention to my questioning would see that this is a repeated theme, and it will continue to be a repeated theme that I ask questions about.

If we were to reduce the marginal effective tax rate, particularly on low-income earners, that would alleviate a number of issues. It would give individuals more money to spend on food. It would also give them more money for rent and allow them to be in a better financial situation. It would, potentially, motivate more individuals to return to the workforce and ease our labour shortage. It only makes sense that the more we pay people, the more they would be willing to work. In this case, we are paying people less and less in net dollars.

Mr. Cross had great comments on this when he talked about the fact that Canadians are increasingly feeling like work doesn't pay in our country. You can see where that notion would come from. When the government is taking 50¢ on the dollar, work is certainly paying less than it has in the past. We have seen the marginal effective tax rate increase steadily under the Liberal government. Its war on work continues. We actually saw this a little bit with COVID benefits: If you earned $1,001, you got zero dollars, whereas if you earned $999, you got $2,000 of benefits. It's these types of cliffs that we need to avoid.

There are a number of different ways of looking at this. One is to potentially reduce income taxes on low-income earners. That might be an area of fertile discussion. Another would be to reduce the rate of clawbacks on low-income earners. That might be a good area to have discussion on. There is also the ability to increase the exemptions when clawbacks start or when income tax starts. I think these are all excellent and fertile areas for potential discussion.

However, doing nothing is simply not an answer. I just don't know how members of the Liberal government can look someone in the eye who is earning less than $30,000 and say, “Yes, we're taking 50¢ on every dollar you earn, sorry about that, so sad, too bad.” To me, that's unconscionable. What we need to see is reform, in some shape or form, so that people earning under $50,000 a year are not paying more than 50% of their money in taxes. We need to see paycheques go further.

You know, the government is certainly quick at grabbing money. They take more money; they take it; they take it, whether it be in carbon tax, income tax, this tax, that tax or any other tax. Sometimes, they'll point out that, yes, we give back this money. There is their famous GST rebate, with the marketing gimmick of calling it a “grocery rebate”, when it was simply the doubling of the GST.

They're certainly great at marketing. There's no doubt about that. Where they fall down is with respect to substance. Instead of taking all this money to Ottawa and then giving back little dribs and drabs of it, why would they not just leave it in the pockets of Canadians?

I had a private member's bill, Bill S-216—which has since been carried forward by Ben Lobb—that sought to give an exemption from the carbon tax to farmers for propane and natural gas. The government first said, “No, this isn't an issue. It isn't an issue. No way. This isn't actually costing farmers tons of money, Philip. You're all wet.” Then when organization after organization came out to say it actually was a problem and was costing the average farmer thousands of dollars in carbon tax paid in excess of their rebate, they came up with their own half-baked solution of providing a credit and a rebate system whereby they would take the money and distribute it as they saw fit. If you did the right thing here and the right thing there, the government would give you some of your carbon tax dollars back.

That is not how Conservatives work. In fact, I had an exchange with the Deputy Prime Minister and Minister of Finance that I think was incredibly illustrative of the difference between Liberals and Conservatives. I asked her about the dire situations in food banks, and she went on—I believe with 100% sincerity—talking about some of the challenges in her own local food bank and how the financial position many Canadians were in broke her heart. I believe she was absolutely sincere and I want that clear and on the record. Then she went on and said, “I wish we could give them all cheques.” That is the difference between Liberals and Conservatives: Liberals want to take people's money and give them cheques, while Conservatives want people to have economic independence to the extent that they never need a government cheque. It is that difference that very much defines the difference between the Liberals and Conservatives. That Liberal policy of taking money to give to others has never succeeded. No country has ever taxed itself into prosperity.

Winston Churchill described this strategy as a man standing in a bucket and pulling up on the handle to try to bring himself up. Clearly, the visual of that is exactly what it means, because you can't grow an economy by taking money out of the economy. That just doesn't make sense. When we take more and more and more money out of the economy, we inhibit the ability of Canada and Canadians to compete on the world stage.

In the U.S., they don't have a carbon tax. Businesses don't have to worry about a carbon tax. We actually heard in witness testimony here—and it would be great to hear another 10 hours of this—from the CFIB about the impact of the carbon tax on Canadian small business. Small business owners, farmers and rural Canadians are paying a disproportionate amount of the carbon tax. In many cases, they're paying thousands, if not tens of thousands of dollars over and above any rebate they would have received. This is incredibly inequitable and unfair, and it's another weight on Canadian businesses.

Canadian businesses need to be lifted right at this time. Right now, our productivity numbers forecasted by the OECD, our capital investment numbers forecasted by the OECD and our economic growth numbers per capita forecasted by the OECD are not a pretty picture.

The Liberal government, if it was serious about increasing prosperity for all Canadians—and perhaps I might say, most importantly, those who are most vulnerable—would have been serious about growing the productivity of our country and eliminating barriers to success.

Unfortunately, this budget was more of the same, which will just increase the barriers to success and make it incredibly challenging.

The great news is that Canadian entrepreneurs, Canadian business owners and Canadian workers are so tough that I think in spite of nearly anything this government throws at them, they will keep going.

To them, I say, “Thank you.” I mean that sincerely. Thank you to all the workers, to the business owners out there who are working 50, 60, 70 or 80 hours a week, only to see 50% to 60% of those efforts get appropriated by the federal government, which has an insatiable appetite for revenue.

Revenue grew incredibly post COVID, because of inflation. Millions and billions of additional revenue dollars were flooding into the coffers of the treasury, and the economic situation, because of the recovery from COVID, was good.

Keynesian economics would tell you that now's the time to save for the next challenge, but what does this government do? It continues to spend, spend, spend. Tax and spend—those are the only two economic solutions this government knows. If it sees an issue, it has two solutions: Tax it or spend money on it.

What this government needs is competent policy. We need effective tax reform. We need effective legislation to protect Canadian intellectual property. Unfortunately, all this government sees are two words: “tax” and “spend”.

There's a famous Ronald Reagan quote that says that when a Liberal sees something move, they tax it. He said, “If it keeps moving, [they] regulate it; and if it stops moving, [they] subsidize it.” That can really sum up the government's, the Liberals' economic policy. All they see is tax, tax, tax, and spend, spend, spend.

I would love to hear more witnesses testimony about what would be required to bridge the productivity and innovation gap that Canada is currently facing. Many of our OECD peer nations are moving further and further ahead of us when it comes to productivity, innovation and capital investment.

All those things are incredibly important. Productivity is really the standard of living of the nation. If a country can produce more goods more efficiently, its standard of living will go up. That benefit, if done right, should disproportionately help the most vulnerable, which is what I think we would all like to see and accomplish.

When I heard the Minister of Finance talk about how it broke her heart to see the individuals at her local food bank, well, how we fix that, how we solve that, is by making life easier by driving up productivity. When a country can make more goods, there is more prosperity by definition. Unfortunately, especially relative to many of our G7 or OECD peers, we are falling further and further behind.

I would love to hear witness testimony with respect to the budget implementation act that talks about, specifically, what this government could have done to enhance productivity; or if there are things in the budget implementation act that would increase productivity, I'd like to hear that too. I did not see any. All I saw was more tax and spend.

This is a serious issue. If we don't get this right—if we aren't able to fix the course of our productivity, of our capital investment and of our innovation gap—we will suffer for a generation, because we need to make those capital investments now to fuel our economy for the next 10, 20, 30 or 40 years.

When we make capital investments, when we invest in innovation, intellectual property or equipment, that equipment will make us more efficient and more effective, and will grow our standard of living.

The only driver of the economy is the private sector, and I would have loved to hear an additional 10 hours on how we could grow the economy. We heard the Minister of Finance and deputy leader talk about this. I believe she referred to it as Canada's “Achilles heel” that our productivity was not growing.

I think most of the members would agree—the numbers are in black and white—that our productivity numbers are challenging at best. The government has to have all hands on deck to do everything it can to enhance the productivity of our businesses and of our government, too.

There are a number of substantive issues that we could be hearing about right now with respect to the economy and the budget implementation act, but unfortunately, that wasn't the direction. Conservatives wanted to work collaboratively, in the spirit of democracy, to get this process on the road, as it were, in order to.... All we needed was to have the deputy leader and Minister of Finance for two hours and to have 20 hours of testimony.

I don't know why the Liberals want to make things so difficult for Canadians just to simply get the facts and understand the reality of the budget. It's almost as if they're allergic to transparency and are trying to avoid it, either through a lack of testimony from the Minister of Finance or through a lack of witness testimony.

If I were in government, I'm not sure I'd want to hear their track record over and over again. The worst economy since the 1930s.... Holy mackerel, those are some pretty astounding words. Then there was food bank usage doubling or even tripling.... Wow. The testimony we heard was just breathtaking. There was the CFIB, which talked about the impact of the carbon tax, its barrier to small business success and the disproportionate cost to our farmers and to our small business owners. Maybe that's why they've attempted to muzzle witnesses and remove their ability to testify through limiting the amount of debate and discussion.

It's not too late. We could push back the clause-by-clause if we got unanimous consent. They could just say, “Hey, we made a mistake. We realize the importance of witness testimony, and we want to support democracy. Let's just push the date back—I don't know, maybe a week—to June 6 or thereabouts. We could get the witness testimony, which would give Canadians the right to say their piece and would give parliamentarians the ability to review and analyze the data. Unfortunately, that's not the direction this government has set.

I was, for my part, more than willing to work on Saturday, Sunday and Monday, and, of course, I was more than willing and able to be there for Tuesday and Wednesday as well. As I said, I have great appreciation for the work the clerks do in arranging for speakers. The great news, too, is that it wouldn't necessarily necessitate travel to Ottawa in these extraordinary circumstances. I'm certainly more than happy to hear witnesses virtually. Ten hours more is just a couple of five-hour meetings, and we could be all done.

Candidly, I think the reality is that when a government spends $490 billion, there should be much more than even 20 hours of testimony on these very important issues. These issues affect millions and millions of people, and they will have a profound impact on our economy by putting greater and greater debt on our children and grandchildren, and even on our great-grandchildren.

I just don't think it's unreasonable to have 20 hours of witness testimony, especially when you hear some of the testimony that the finance committee has had the privilege of listening to.

The testimony of a couple comes to mind. One was the CFIB. It was a pleasure to hear some of the testimony with respect to the impact of the carbon tax on small business owners and how it disproportionately affects small business owners. Some taxpayers are paying tens of thousands of dollars in carbon tax.

Now we have the carbon tax two coming into place. I notice the clean fuel standards. The impact that will have.... So far, carbon tax one has led to meeting absolutely zero emission targets. That's not from me. That's from the commissioner of the environment. I heard that while I was at public accounts. At the same time, it has made the economy less competitive. I think that is an objective fact. It has also driven up inflation, according to Tiff Macklem of the Bank of Canada. Roughly 10% of today's inflation is because of the carbon tax.

The Liberal solution to this is to bring another carbon tax in place. If one wasn't hurting Canadians enough by driving up the cost of eating and heating, if it wasn't enough that it was hurting Canadian competitiveness, and if its ineffectiveness at hitting any emission standards wasn't clear enough, let's put in a second carbon tax. It's one that will, no doubt, be equally as effective at achieving emissions targets—which is not at all. It has a zero batting average, as it were.

It also drives up the cost of living. In addition to driving up the cost of living, it makes Canadian businesses less competitive, both at home and abroad.

It's estimated—and many farming organizations say this—that between the two carbon taxes, the cost to the average farmer could be driven up to thousands, if not tens of thousands of dollars.

We see the storm on the horizon. Even the Minister of Finance has acknowledged it. Canada has a huge challenge with respect to productivity. However, while they acknowledge the storm is coming, they refuse to take any steps to shield the Canadian public from it. They refuse to help Canadians invest in their economies by reducing the burden.

Excuse me, interpreters. I have to cough. I apologize to the interpreters.

What we should be doing is taking an all hands on deck approach. All parliamentarians should be putting their heads together to come up with the best ideas to solve the productivity gap. This is, as Minister Freeland said, Canada's Achilles heel. We have a huge challenge. This Achilles heel could stand to reduce, if not resolve, standards of living across our great country.

I would certainly love to be hearing witness testimony today about the productivity gap and the decisions legislators and lawmakers could make—provincially, federally and municipally—to drive up our productivity numbers and drive our economic growth.

Having the worst economic numbers in the GDP per capita since the 1930s should serve as a wake-up call. We are not going in the right direction economically. In fact, we are driving toward a cliff. Yes, I am sorry if it saddens the Liberals. We aren't pushing the accelerator. We want to stop this car and turn it around.

We believe that Canada should not be at the bottom of the pack, when it comes to it. Canada should be leading with respect to productivity. We have the hardest workers and the best minds in all the world here in Canada. What's holding them back? I'd put a Canadian scientist against any scientist in Germany or Switzerland or the United States. I'd put a Canadian engineer against any engineer in the world, whether they be in Ireland or Singapore or Japan. I believe we have the best and brightest individuals. I'd put our tradespeople up against tradespeople from around the world.

The problem is not the Canadian people. We have some of the best and the brightest. We also have some of the best post-secondary education institutions in the country, which have helped drive innovation across our country. We have all these wonderful seeds.

What else do we have? We're blessed. We're blessed by having some of the most bountiful natural resources in the world. Many of the natural resources or minerals or other resources that will be required to fuel the economy of tomorrow are located right here in Canada. Whether it be the nuclear industry, the electric battery industry or other industries, many of those critical minerals are located right here in Canada.

We have all the ingredients. We have all the ingredients for success. The challenge is the federal government's inability to create a framework, whether it be for the creation and protection of intellectual property or for the exploration of our natural resources, which is necessarily protective of environmental and workers' rights but at the same time balances our need for growth and productivity. This government seems to fail at both.

Life is increasingly hard for workers, for Canadians. As I said, the number of employed individuals going to food banks has doubled. Our productivity numbers are near the bottom of the OECD. For innovation, we're near the bottom of the OECD. We're forecasted by the OECD to have the worst economic growth going into 2060.

Today we're not even.... Today's discussion, or the motion, is not even necessarily about the substance of that. It's just about hearing more testimony. It's about getting more expert opinion, getting more thought, getting more comment and getting more discussion on the record from some of the best and brightest minds. For goodness' sake, the government needs it. Look where we are: food bank usage doubled, one of the lowest productivities, one of the lowest innovation numbers, one of the lowest GDP per capita, and the worst GDP per capita in our country since the 1930s. If that doesn't cry out....

All we're asking for at this point is just to hear some more experts. Often you'll hear the Liberals say, “We'll take no lessons from the Conservatives,” but if not from us, then please, please, please—I mean this sincerely—listen to the experts out there. Listen to the scientists. Listen to the engineers. Listen to the economists. It's wake-up time, guys. The economy is struggling. We are in an incredibly difficult economic position. Our inflation numbers are still high. Economic growth is decreasing.

In fact, the finance minister will talk about the last quarter having positive economic growth. That's true, but the problem is that most of that growth was left over from the preceding year and just spilled into January. In fact, the numbers in March show a very different story that's indicative of an economy in decline.

In the near term, we are facing a cost of living crisis, a housing crisis and rising inflation rates, with the highest interest rates in 40 years. In the mid to long term, we're facing productivity numbers that put us near the bottom of the pack. Innovation numbers, such as patents registered, etc., put us near the the bottom of the pack.

As well, economic growth and capital investment numbers are once again near the bottom of the OECD, and per capita GDP growth is the worst since the 1930s. To me, if I'm a government member, I want to hear every opinion I can, because clearly they don't have it right. They have not figured it out. They've been in power for eight years, and this is the record we have to show for it: the worst economic growth rate since the 1930s; falling productivity numbers; falling capital investment numbers; housing costs that are incredibly high; and food inflation over 10% for the last eight or nine months.

I think this government has some lessons it needs to learn, quite frankly, and I think this Minister of Finance has some lessons that she needs to learn. Not only would I encourage this government to take another 10 hours of testimony, but I would encourage the Minister of Finance to listen to that and to maybe take some advice from some of the great people who would be testifying.

I have to tell you, Mr. Chair, that there are many blessings to being a member of Parliament, and it is an absolute honour and privilege, but one of the greatest privileges that I believe I have is actually sitting on committees. You will not see me just on the finance committee: I will often sub in for various committees, because it's an incredible privilege to listen to some of the witness testimony. I learn something new—and I think I improve my own journey—nearly every time I sit at a committee and listen to witnesses.

I've been on committees as varied as justice, foreign affairs, finance and public accounts, and in many of these, I've heard very interesting testimony. I always try to keep an open mind when understanding and reviewing that, to improve our ability to be legislators. The more we can deepen our understanding of legislation through listening to witnesses and witness testimony, the stronger—and in a better position—I think we are.

We make decisions. This budget implementation act will affect not just Canadians right now, the 37,000,000-plus Canadians who are out there right now. It will affect Canadians who have not even been born yet, if for no other reason than they will be paying back the debts and deficits this government has incurred. We now have a national debt cresting towards $1.3 trillion, a deficit that's forecast to go as far as the eye can see, this despite the fact that the Minister of Finance said she would maintain the debt-to-GDP ratio, that it would not increase. This was the “line” that she would “not cross” under any scenario. Then, less than six months later, guess what? The debt-to-GDP ratio is going up.

Liberals would say, well, it's only for one year, so relax—we'll get it under control. The reality is, the government can really only plan for one year, and then a new budget will come into place. My bet, and perhaps you can capture this on the record—I would love to be wrong about this—is that the debt-to-GDP ratio does not go down in future years as forecast by the Minister of Finance. My bet is that this will be another broken promise.

What do I base that on? Well, a series of broken promises along the way....

Of course, the Liberals promised to balance the budget after their spending spree. They didn't, and in fact the deficits kept rising and rising. Then, of course, we had COVID and some of that to support. Of course, Conservatives supported that, and we understand that some of it was necessary, but there were also hundreds of billions of dollars spent during that time that had nothing to do with COVID and that drove up inflation and put us in the precarious situation that we are in right now.

I just don't understand how, in six months, the Minister of Finance went from saying, “Hey, we're going to balance the budget in five years,” to, “We're going to have deficits for as far as the eye can see, for years and years to come.” What changed in that time? These are questions I would have loved to ask the Minister of Finance.

I could show you, Mr. Chair, my list of questions. My next ones are with respect to productivity, because I really believe that productivity—and our productivity gap—is a substantive issue for the Canadian economy. It's one that, if we don't get it fixed—if we aren't a leader in productivity—can have significant economic challenges for us for a generation. We need to make sure we are growing the economy. Growth is absolutely critical, especially when...and growth per capita. We need to make sure Canada is getting wealthier for every individual, and it's particularly important with regard to the most vulnerable.

Instead, what are we doing? We're lowering productivity, which means there is a smaller pie for everyone to share. Then, as the pie shrinks—or doesn't grow as fast, perhaps, is more accurate—the government is taking an ever-bigger piece. The government started out with the carbon tax. Now there are going to be two carbon taxes. It started with, I believe, $15 per tonne. Now it's going up to $300 per tonne—I believe that's the plan with respect to the carbon tax.

The Income Tax Act.... Income tax was brought in as a temporary measure. “We just need to fund World War I, and then the income tax will go away,” or so the story went. Unfortunately, though, the income tax is still with us, and it's ever more prevalent. You can see that with respect to the marginal effective tax rate and the participation tax rate, which are disproportionately impacting.... Those who can afford to pay the least are paying the most. The idea that someone earning $30,000 a year would have to fork back 50 cents on the dollar to the government makes your head spin.

In fact, I have repeated this to many Liberals. I obviously won't mention any names, because that would be telling tales out of school, and I respect my colleagues too much to do that. However, at first they don't believe me when I tell them there are low-income earners who are facing a marginal effective tax rate of over 50%. Then I show them the numbers and the excellent work the C.D. Howe Institute has done, and they're surprised. Of course, their silence is often the recognition of guilt. I think they see.... They realize that something's not right. Of course, they're not going to come out and say that to me.

Like I said, I would defy one of the Liberal members to walk up to a single parent and say, “Yes, we know that if you want to return to work, we're going to take 50 cents on every dollar from you, but that's how we think it should be,” or walk up to a low-income senior and say, “Yes, ma'am, I know you want to return to work because the cost of living has been driven so high that you can no longer afford rent or food, and we thank you for returning to the labour force. However, we are going to take 50 cents, 60 cents or 70 cents on every dollar you earn, because we believe that's how it should be.” To me...I don't understand it.

You know, I've raised this in the House of Commons. At every committee meeting, I bring up the marginal effective tax rate, because I think it is such a substantive issue. I've yet to actually hear any attempt to rebut this, other than the occasional jeer across the hall in the House of Commons, saying, “No, this can't be true. That's ridiculous. That's laughable.” That's the only thing I hear. When we actually go through and.... I have to say “hats off” to one of the Liberal members, who came in after jeering me and said, “I want to understand this issue.” We sat down and talked about it, and he said, “Okay, you're right.” I hope there are more Liberal members who are aware of the marginal effective tax rate.

I'm certainly open to a non-partisan discussion about this. I believe that no one wants to purposely discourage work and that all members of the House of Commons want to see Canadians succeed and prosper. We need to resolve this issue and fix some knowledge gaps that exist. I realize that not everyone enjoys tax policy as much as I do, so maybe this isn't an area of interest or study for them.

It's incredibly important and incredibly powerful, because when you have high marginal effective tax rates, not only do you take the dollars and cents, but those dollars and cents are also associated with a sense of self-worth. If you don't believe me, for those of you who have children, when they reach adulthood and receive their first paycheque, look at them when they make that first paycheque. It could be mowing a lawn or washing dishes, as I did many years ago, but it's the feeling of self-worth that comes from work and making a contribution. There is all sorts of different work, from being a rocket scientist to being a neurosurgeon to working in whatever field you want, from being a pipe fitter to being a carpenter, but the value it gives to people cannot be discounted.

When the government says to someone that it is taking 50% of the value of that work, imagine that. If someone works for 40 hours and is left with only 20 hours' worth of their work, one out of two of their hours of work is being taken by the government. What an impact that must have, especially on those who are struggling to get by. Imagine that individual who can barely afford to pay their rent. Instead of their paycheque reading $1,000, it reads $500, and now they can't afford their rent. If they just had that extra $500 back, they might be able to make that rent; they might be able to pay for the groceries at the end of the month instead of going to a food bank.

The government—and I don't think these words are too strong to use—is literally driving Canadians into poverty with its high rate of marginal effective tax rates. The government has three ways of raising revenue, Mr. Chair, and it has employed all three ways to nearly the fullest extent possible. One is direct taxation, and with that we've seen dramatic increases in the marginal effective tax rates. We've seen the introduction of new small business taxes. We've seen the carbon tax and now the second carbon tax. Those are all direct ways of getting revenue.

The other way is through inflation. We saw that government revenues went through the roof when inflation occurred. Quite frankly, this is the oldest trick in the book. In fact, there is a term you may have heard, which is coin clipping. It dates back to the Roman Empire. When the Roman government ran out of money because it had overspent on whatever, it came up with a brilliant idea. It would reduce the amount of silver or precious metals in the coins, and that way it would have twice as much money to spend. Of course, what happened was that the government was initially able to collect a lot more goods, because it hadn't yet flooded the system with cash.

It takes a little while for inflation to kick into the system, so those who get the money first benefit the most.

Who had the money first? The federal government and the Canadian banks did. They've benefited the most from inflation, so the government has utilized inflation to its maximum benefit.

The other tool, which is really related to the other two, is deficit or debt spending. What this is doing is kicking the can down the street. Eventually, it will have to collect that revenue, either through inflation or through taxation.

When the government does that, the more it takes out of the private sector, the harder it is for the private sector to thrive. When we have an economy that is growing, perhaps the increase in government taxation can be handled by the private sector, and it will not have the type of deleterious impacts that we're currently experiencing.

Right now, that's not the situation. In fact, the economy is slowing, inflation is increasing, the deficit is increasing, debt is increasing, our productivity numbers are suffering and our innovation numbers are suffering, as are our capital investments and our productivity. As Mr. Cross said, we have the worst economic growth—GDP per capita, to be precise—since the Great Depression in the 1930s.

What's the government's solution to that? Is it to inspire, encourage, innovate or look itself in the mirror and ask how this federal government can be more effective at delivering services to help businesses?

The bureaucracy has not been given the resources it needs to succeed. We saw this with the Phoenix pay system. It was an absolute debacle. It was a disaster.

We saw this during the pandemic, as well, when the government agencies were able to get cheques out. I appreciate the efforts. I know many civil servants were working around the clock to get them out, but they did so with one hand tied behind their back.

Believe it or not, there are still parts of our civil service that program with the same programming language that I used in grade 10. I am not young, Mr. Chair. Some 20-odd years ago, I was using BASIC to program. That is still the programming language in some government programs today.

One of the areas I would have loved to hear about in witness testimony is individuals testifying about how other governments have used their resources to put themselves in a better position to succeed. There are numerous examples dotted across the globe of countries that have made the right decision, which has allowed their economies to grow and to do extremely well. It has lifted up their productivity numbers, lifted up their capital investment numbers and lifted up their per capita GDP numbers.

It would have been fantastic to hear some witness testimony, maybe about what Ireland has done, and other countries like Ireland. It has been able to increase its productivity, which is the GDP per hour. It's much above Canada's.

The United States is above Canada as well. Switzerland has quite a substantial advantage, despite the fact that it has far fewer natural resources than we have.

Right now, we are squandering the opportunity to win the future. We have all the necessary ingredients. We have an incredibly well-educated, intelligent and hard-working populace that is engaged and, by and large, committed to making Canada the greatest country in the world.

We have many great post-secondary institutions. There are many great universities and colleges that generate some fantastic ideas.

We've been blessed with incredible natural resources, and we have some technology that makes Canadian energy some of the cleanest in the world.

We have all the ingredients for success, to win the future and to be the most successful economy in the developed world. Of any advanced economy, we could be number one. There is no doubt in my mind that we could have the highest per GDP growth if we just got the government out of the way. That's what it really comes down to. We need to get rid of the gatekeepers.

There are so many paradoxes that we live in. We live in the second-largest country in the world, yet we have one of the highest prices of housing. We have one of the largest housing shortfalls of any advanced country.

How do we have all this land but nowhere for anyone to live?

We have tremendous natural resources. We have an incredibly well-educated, intelligent and hard-working populace, but we have one of the lower productivity numbers. Once again, the finger of blame points over and over and over to the failure of this Liberal government. These eight years have been very difficult for Canadians. There's just no doubt about it.

The cost of housing has doubled. We now have high rates of inflation and the worst economic growth since the 1930s. We have double the food bank usage. We have twice as many employed individuals going to food banks as we ever did. One in 20 folks in Mississauga go to food banks. We certainly heard from the food bank from within the chair's own riding, which said the situation was terrifying. I hope the chair and the rest of the Liberal members were listening to it. It's their eight years of economic mismanagement that have put us there.

The good news is that hope is on the way. Help is on the way, as a Poilievre government will turn hurt into hope and make the common sense, the common people, once again common in our great country. That is what we need to drive economic growth and make Canada the most prosperous country in the world. It is by increasing economic growth and by not having a GDP that is the lowest since the 1930s but instead having one of the highest GDP growth rates in Canada's history.

How do we do that? We get government out of the way. We remove the gatekeepers. We let Canadians do what Canadians do best. We let Canadians innovate. We protect those innovations through a logical framework that makes sense, that drives innovation in our great country and that allows Canadians to reap the rewards of the innovation investments.

If you listen to many IT experts across Canada and, really, across the world, they say that Canada generates some of the very best ideas in the world. The challenge is that those ideas just flutter away. It's not because the entrepreneur or the innovator is doing anything wrong or incorrect. They're not. What is doing something wrong is the federal government. The federal government has not put the frameworks in that are necessary to help individuals maximize their investments here in Canada. What happens is that those ideas flutter away to other jurisdictions. They go to Silicon Valley. They go to the European Union. They go to Asia. Instead of those ideas raising the standard of living for Canadians, those profits are realized in other jurisdictions.

We have an opportunity to change this. Our resources and Canadians' innovations should increase the prosperity of Canadians. What's going on right now is that we ship out our ideas. We ship out our resources. Then they're repackaged, manufactured or sold back to us at a premium. That gap in the supply chain, which in many of Canada's industries is missing, is the sweet spot. That is where prosperity is made. That is where productivity is grown. We need to regain that part of the supply chain in our economy.

We need a government that will turn that hurt into hope, that will turn that doubling or tripling of food bank usage around...and that will take a punitive and painful carbon tax and scrap it to allow Canadians to be more innovative, make those capital investments and be rewarded.

We need to have a country where, when people do bad things, they feel those consequences, but more importantly, when people do good things, they reap those rewards. It shouldn't be the bureaucrats in Ottawa who get the rewards of innovation. It should instead be the entrepreneurs, the workers and the business owners of our great country.

That is the country that I know and love. That is the country that I believe we will be again under a Pierre Poilievre government, where once again paycheques go further because taxes are reduced, where housing is affordable again, where work pays, where individuals feel safe again in our great country, where work is rewarded, where success is celebrated, and where Canadians come together in a collaborative fashion to restore Canada and to make Canada an economic leader once again—a country that can get its resources to market, that lifts the prosperity of all Canadians, that doesn't invest in a $5-billion pipeline that cost $30 billion to build, and tracking....

We need to be a country that can get things done again. Unfortunately, as I hear from constituents, from Canadian after Canadian, too many of them feel like this country is broken. They are working harder and getting less. Those earning more are paying less, and those earning less are paying more.

Quite frankly, they are not wrong. When you look at the marginal effective tax rate and you see someone who is paying a higher tax rate at $30,000 than someone who is earning $120,000, you can see they're not wrong, and they're not wrong when they see a senior, a low-income senior, earning less than $30,000 a year but paying a marginal effective rate in excess of 50%. When you see a stay-at-home parent wants to return to the workforce but their cost of doing business is greater than 50%, they're not wrong. When you see a country where passports take eight months to get out the door, they're not wrong. When you see challenge after challenge, and when you see a government unwilling to acknowledge foreign interference and have the public inquiry that Canadians demand, they're not wrong.

Do you know what? Maybe it does make sense, then, that this government does not want to hear 10 more hours of testimony. Maybe the Liberals want to stick their heads in the sand, just pretend that everything is okay, repeat their same talking points over and over to themselves and say: “Do you know what? Canada has never been better. We'll take no lessons from the Conservatives. Do you know what? We spent money on this. We spent money on that.”

The line that gets me the most, Mr. Chair, when Liberals rise in the House of Commons, is that they avoid any type of result, because there are no results to point to: the worst economy since the 1930s; a housing crisis, as it's more expensive than it's ever been; record deficits and debts; increasing inflation; high interest rates; and slowing economic growth. They can't point to that, so they just point to how they spent x billion dollars.

Well, do you know what? An expensive failure is not better because it's expensive. It's worse, because it cost you money. I can't imagine some of the Liberal ministers heading into a corporate boardroom and having a deliverable they're supposed to give. Whether it be the manufacture or the creation of a project—or whatever—they go in and say: “Yes, we failed. We didn't build that building we needed, and we didn't get that project done, but man, did we spend a lot of money doing it.” I just wonder if they ever listen to themselves: How does it make sense that failing expensively is somehow a blessing? It's not. It's worse.

I mean, eight years ago, housing was affordable. Now it's not. Yes, it's true, the Liberals spent a lot of money making it less affordable—or “unaffordable” might be the appropriate term—but that doesn't make it better. Now, instead of having affordable housing and a balanced budget, we have unaffordable housing and a massive deficit and debt.

I would have loved to hear, and it's not too late, guys.... The Liberal government still would have plenty of time to get this budget passed simply by extending for a week, for 10 more hours of testimony. If a Liberal member were to take the mike right now and say, “Do you know what? I've had enough. You're right, Mr. Lawrence. Ten hours of testimony is a reasonable request, Mr. Clerk, so let's get that set up”....

Actually, Mr. Chair, would the clerk mind answering me on how long they think it would take to get 10 hours of additional testimony?

An Act to Change the Name of the Electoral District of Châteauguay—LacollePrivate Members' Business

October 28th, 2022 / 1:05 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Mr. Speaker, it is always a privilege and honour to rise in the House.

Today, we are talking about a private member's bill for renaming the riding of Châteauguay—Lacolle to include Napierville. I want to talk a bit about that community and why I believe it is important that it get recognized. Of course, it is famous for its fruits and vegetables and has a beautiful rural countryside. There are many beautiful things about it, so I am glad to see that like all the great towns and beautiful areas in Quebec that get recognized, it is being recognized as well.

I also want to talk in general about my riding. It is composed of a number of areas, and one of them is Clarington, where I live, which did not make the cut for the name. I have a beautiful countryside as well, so perhaps it is a little akin to Napierville as it is another beautiful rural area.

Members of the Bloc made the excellent point that perhaps there are more poignant things we could be talking about in this House. I certainly do not want to be rude in any way, so I will underscore the wonderful countryside and beautiful people of Napierville. As for getting their moment in the sun, my understanding is that after the redistribution, they will, but as I said, it is not the most poignant of PMBs.

I just want to go through some of the things we can talk about in a private member's bill, if the Speaker will give me that bit of indulgence.

I have had the opportunity to raise a couple of private member's bill in this House, one of which was to give an exemption on propane and natural gas to farmers, who, of course, are paying thousands of dollars in carbon tax every year. I was glad to see that it made it through the House, but it fell apart when the government unfortunately called a needless, unnecessary and very expensive election. I am glad to see that it is being brought forward by one of our fellow Conservative members, the member for Huron—Bruce, if I have that correct, and that it is now back in front of the agriculture committee. It is Bill C-234, which will provide tremendous relief and save farmers thousands of dollars.

As we know, in Napierville and elsewhere in Canada farming is among one of the hardest but most important occupations we can have. Of course, without farmers we do not eat, so one of the ideas I would throw out is that perhaps we could have more private member's bills to help farmers.

We are going through an incredible food crisis and this spring will be very challenging. For most people in Canada, it will be okay. For the people in this House, who are earning good salaries, it will not be fun to go to the grocery store but they will be okay. I am worried about the people who are economically challenged, not just in Canada but across the world. We will see, if the forecasts are correct, some record-breaking starvation.

We have already seen the pain that Canadians are going through right now because of the lack of food production and because of inflation, with 1.47 million Canadians going to food banks in March 2022. That is a record high; it has never been higher. Twenty per cent of Canadians are now going to food banks on a regular basis and 60% of Canadians are failing to put food on their tables. These are the types of issues we need to be discussing. These are the types of issues we should be helping people with in rural areas across this country from coast to coast to coast.

By the way, the government was good enough to respond to my private member's bill by putting part of it into the budget, but unfortunately, instead of just giving farmers and the people in Napierville an exemption, it tried to put in a credit system. The challenge with how these debt-credit systems work is that, like the carbon tax, some of the money always seems to get stuck in Ottawa. Can members imagine that? It is so strange. These millions of dollars flow into Ottawa and are all supposed to flow out, but somehow they get stuck here in Ottawa. It is funny because that same money seems to flow pretty easily to Liberal insiders, friends and family, like with the arrive scam app worth $54 million. We still do not know where that money went. My goodness.

I could just imagine what the NDP or the Liberals would be saying if a private company took $54 million and had no idea from people who did not have even the obligation or the right to pick where that money came from. We need to be looking at this from the viewpoint of helping all Canadians going forward.

Another private member's bill that I worked on, with Senator Omidvar, was Bill S-216, which would help charities. There was a barrier, a Canadian problem called “direction and control” in charity law, which stopped Canadian charities from giving out money and working with other institutions around the world. Once again, do members know what the response of the Liberal government was? It put it in its budget.

I think I am singlehandedly driving a lot of the Liberal policy here. Maybe, to the member's credit, perhaps just having me talk about her private member's bill will mean the Liberals will also put that in the budget. There are odder things. I think there was some money to go to land control on the moon in one budget, and there is the arrive scam app, so certainly the Liberals could put this in the budget as well. However, that was another good idea for things we could put into PMBs that would help Canadians from coast to coast to coast.

Finally, with respect to my ideas for private member's bills, we have the international human rights act. The international human rights act contains a number of clauses, one of which will force the Department of Foreign Affairs to publicize the names of individuals who are being held as prisoners of conscience. These are individuals who are held just because of their beliefs, because they are pursuing things like freedom, liberty, democracy, LGBTQ2 rights and indigenous rights around the world. They are being held in prison just because they are pursuing freedom for others.

It would also force the government to respond when Magnitsky act sanctions are called for by a parliamentary committee. If a parliamentary committee says, “We need Magnitsky act sanctions put on this person,” then the department has 40 days to respond. It does not have to do it, but it has to tell us why it is or why it is not imposing Magnitsky sanctions. It is a very reasonable thing.

To go back half a step, the Magnitsky act sanctions are sanctions the government can put on individuals who are committing vile human rights crimes. When the legislation was initially passed, there were many instances in Venezuela, Russia and other countries where these sanctions were used. However, these sanctions have stopped being used.

I see that I am running a little short of time, which is a shame, because I could really talk about the people of Châteauguay—Lacolle for hours and hours. It is an absolutely beautiful part of the world. However, I did think of another name for the riding, which is Roxham Road. This has been a serious issue for Canadians, for Quebeckers, and so while I say that a little in jest, it takes nothing away from this serious issue that I hope the Liberal government will listen and respond to.

I like all of the people of Napierville.

I hope they have an absolutely fabulous time and I look forward to their being fully recognized as everyone in Canada should be, regardless of what they believe, who they love or who they are.

Report StageBudget Implementation Act, 2022, No. 1Government Orders

June 6th, 2022 / 1:25 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I have no doubt that the member for Winnipeg North could have continued speaking for some time. I will make him happy and start with his last statement, which referred to child care. We are pleased that this has now been established in the rest of the country and that Quebec has served as the model. That makes us very proud.

I would invite my colleagues in the House to remember this example when the Bloc asks for the right to opt out of the next few Canada-wide programs with full compensation. The right to opt out was a big factor in making this possible, as was recognition of the fact that Quebec already had a good system. For me, it is a mark of respect.

Not only did the federal government take our model and implement it elsewhere, it gave Quebec its share of the money it was owed without telling it what to do. The phrase “without telling it what to do” will come up a few times in my speech today when I speak about the conditions that are set to be imposed in various areas.

I am pleased to rise to speak to Bill C-19. I will begin by criticizing its huge omnibus format. When the government claims to properly study bills and practise true democracy and freedom of speech, how can it seriously introduce a 500-page bill that amends 37 acts?

Several provisions involving minor amendments to legislation have garnered consensus. However, the bill also proposes other extraordinarily important and complex measures.

For example, there is the employment insurance reform, which, as I have said before, deserves to be studied separately and in depth. The current system helps too few workers in Quebec and Canada, and I find that unacceptable. I do not want to get too deeply into this, but I am not sure that anyone would hire me as an insurance salesman if I tried to sell homeowner’s insurance by telling prospective customers that the company would only pay four times out of ten in the case of a loss. This is what we are telling workers with this program, so an in-depth reform is necessary.

This omnibus bill makes it seem like the Liberal government is taking advantage of its deal with the NDP and the so-called majority it gives them to have a pile of legislation passed quickly. Still, we are more or less in favour of this bill, and we will continue to improve it, as we are doing now.

I would like to talk about cider and, especially, mead. Representatives of both these industries approached us to tell us that the reintroduction of the excise tax on July 1 makes no sense. Australia’s complaint, which led to the reintroduction of the tax, concerned wine, not cider or mead. These financially sound but more marginal productions are expanding and are the pride of several regions of Quebec. They did not deserve to be taxed. Their representatives were very anxious and approached our members to speak on their behalf.

I would like to publicly congratulate my colleague from Joliette who, with his team, did extraordinary work in committee and succeeded in having cider and mead exempted from the definition. I am very proud, we are happy, and this is one of the improvements I was talking about.

We also raised a few concerns voiced by charities, which feared they would be once again subjected to a mountain of paperwork in the restrictions, although the basis of Bill S-216 was positive. We will be keeping a close watch on that. We are keeping a close watch, and we will follow up.

As for the rest of Bill C-19, there are no measures we find strongly objectionable. For that reason, we are more or less in favour of it. Among other things, there is not much about oil subsidies, which is good. There is not much about nuclear energy. We are aware that that is coming but, for now, we have no position on the subject.

The numerous encroachments promised in the Liberal Party's budget, including encroachments on health care with the dental insurance plan, are not yet upon us. This allows us to take a step back and look at what is constructive in the bill. For one thing, it contains urgent measures that we approve of, such as the additional five weeks of EI benefits for seasonal workers. That is a positive measure in our eyes.

The Bloc Québécois offers constructive opposition. When proposals make sense, we are happy and we say so. When they do not make sense, however, we do not say that the government is lousy and that what it is doing makes no sense. We say that we think the government should try looking at the situation from such and such an angle. Quebeckers can count on us to keep doing this.

Obviously, there are the health transfers. We hope to get our way someday, even if it is not looking that way right now. This subject will always remain a bone of contention, but we will take the $2 billion offered, since it will give us some breathing room. The same goes for the $750 million for public transit.

There are also some good intentions, but we will need to work to make sure that they are implemented properly. I am thinking, among other things, about the tax treatment of companies that adopt zero-emission manufacturing processes. We will have to watch out for hidden subsidies for fossil fuels. The Bloc believes that we must eliminate the fossil fuel subsidies and begin transitioning to alternative energy sources. With respect to the ridiculous carbon capture projects for oil wells, we have seen the results they yield in other countries and the disasters they cause when they go wrong, because they do go wrong. I do not think we have the right to go down that rabbit hole. Right now, with climate change being what it is, we need to be diligent, but above all cautious. Let us be smart about this and move in the right direction.

We like the proposed amendments to the Competition Act to prevent collusion and abuse of power. At the Standing Committee on Agriculture and Agri-Food, we studied the problems with competition among shipping container companies. During the pandemic, prices jumped from around $3,000 to more than $25,000 over the course of a year or a year and a half. That is outrageous. The container industry is concentrated in the hands of a few key players, so there is work to be done.

We also need to keep an eye on telecommunications companies' billing practices. I would like to see the hidden fees exposed. I think that that is also something positive.

The important thing is overall consistency. I also think it is good that pension fund managers would be forced to provide details on investments in things like fossil fuels. That is the first step in transitioning to green energy. I encourage anyone who is interested in this to take a look at the Bloc Québécois's platform or to talk to my colleague from Mirabel, who is very familiar with this issue. Our platform contains solutions, and we suggest some approaches that we would like to explore.

The luxury tax is a tricky topic, however. Everyone agrees with the principle of a luxury tax, but we need to be careful about how we proceed. The Bloc Québécois has expressed a number of concerns and reservations about this tax, mainly because we want to protect our aerospace industry. This industry should not have to wait so long for a rebate if it turns out that the tax does not apply.

We need to be smart and consistent here, to ensure that we do not hurt our businesses. I am thinking about the 35% surcharge on Russian fertilizer, for example. Everyone agrees on the principle, but I want to reiterate that when this surcharge is applied to orders placed and paid for in the fall, before the conflict started, it ends up penalizing our producers instead of the Russians. The government does not seem interested in creating an exemption.

If a government wants to impose measures, it needs to make sure they are done right.

May 30th, 2022 / 5:15 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Thank you very much.

It's very much in the spirit of what's already been said. I think we have some language here that we've likewise run by folks in the industry and by the senator who's sponsoring Bill S-216, Senator Omidvar. I'd like to put that language to the committee now in the hopes that we may be able to pass some wording that I do think strikes a good balance between the need for accountability on the one hand and the need for more flexibility than the charitable sector has enjoyed in the past.

It's in that spirit that I present this amendment, and I look forward to the vote.

Thank you, Mr. Chair.

May 30th, 2022 / 5:05 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Thank you very much.

I think we have a number of amendments before us, not just for this clause but also for a few clauses coming up, that will deal with the subject matter of what is currently Bill S-216. My preference is for NDP-2 and I'm confident, given the parliamentary secretary's remarks, that it will pass.

My intention is to vote against the other amendments in the package with the exception of CPC-4, which I take to be a complementary amendment not just to Mr. Lawrence's own amendment here but also to my own. That's how I intend to vote on these items. I think that in doing so we can create or provide a substantial solution to what was clearly a problem with the way the budget implementation act was worded.

I want the committee to know that's how I intend to proceed.

May 30th, 2022 / 5:05 p.m.
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Liberal

Terry Beech Liberal Burnaby North—Seymour, BC

Thank you, Mr. Chair.

As I had the opportunity to articulate earlier in the House, the government is supportive of the spirit of Bill S-216. I've had the opportunity to work with the senator personally and I thank, actually, all members around the table from all parties for their work to try to make sure we get this right. There is a balance between allowing greater freedom to do better work with less administration and protecting Canada's very generous tax receipting program.

My preference is for NDP-2. Amendment CPC-2 would prevent that, as the chair stated when introducing it, so that would actually have me oppose amendments CPC-2, CPC-3, Bloc-1 and Bloc-2 but support NDP-2. If we got that far, amendments Bloc-3, CPC-4 and NDP-3 are essentially the same and I would support that as well. I believe that strategy is the right way to go. I believe it has the general support of those individuals who have been involved in bringing this to the government's attention in the first place. I believe it respects the spirit of the bill, and that's the way I'll be voting. Thank you.

May 30th, 2022 / 5 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Thank you very much, Mr. Chair.

I have spent extensive time consulting with stakeholders with respect to the charitable sector, and they have incredible frustration with the current status of the law respecting the contributions of charities to non-qualified entities such as NGOs. This situation creates both international and domestic challenges.

When they heard the budget was going to take place in the spirit of Senator Omidvar's private member's bill S-216, they were excited. However, their excitement was quickly dashed by the overly prescriptive nature, and that's what our amendment to clause 16 seeks to fix.

It takes the prescriptive nature of the BIA and turns it into a more reasonable set of circumstances that put the onus on the charities to conduct their business within their charitable scope and also to do so in accountable and transparent ways. What it doesn't do is create overly prescriptive rules that will create a legal fiction or will just stop charitable work altogether.

In short, Mr. Chair, this amendment will allow more good people to do more good work.

May 26th, 2022 / 11:05 a.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Thank you, Chair, and thank you to all our witnesses for sharing their testimony today. It's been very informative and very interesting. It's my very first time attending this committee, and I look forward to participating.

I'm going to follow up on some of the very brief testimony that we heard from Mr. Mangin and hopefully talk a bit about some of the issues around Bill S‑216 and the BIA.

The reason I want to do this is that we didn't get the opportunity to hear from Mr. Mangin, but this is an issue that's very, very important to me. I know it's very important to many members of Parliament, but I come at it from a bit of a special perspective, I guess, which is that I have been working on changing the direction and control legislation in this country since 2005. We have known that this is a paternalistic and a colonial piece of work within CRA that has needed to be changed for a very long time and has impacted the ability of the charitable sector to actually do the work they are mandated to do. It is in no way reflective of participatory, democratic good practice in charities. It needed to be changed.

When Senator Omidvar came to me and to many other parliamentarians to speak about the changes to direction and control within her bill, Bill S‑216, we of course were all delighted. We were all on board. We were all working with her. The sector has worked very closely with her, and legal experts have worked very closely with her and her team to develop a really strong piece of legislation.

Of course, when we saw in the BIA that it was named and that the spirit of Bill S‑216 was going to be implemented, I think many of us within the House of Commons and many more within the charitable sector were delighted. When we saw what was actually being proposed, the delight turned a bit to disappointment.

I'm going to read from a few different places for you, and I'd like to put some of this testimony into the record. Then I'm going to pose some questions to Mr. Mangin that he can respond to in writing, bilingually, when he's able to do so.

First of all, I want to start with a letter that was written to the government by Cooperation Canada. For those who don't know, Cooperation Canada is an organization that represents many of the charitable sector groups that work in Canada. It's a very long-standing organization that has been in place for over 50 years. It is very well respected and knowledgeable on this file and has certainly taken a lead on it.

In the letter they addressed to the government, they say:

...the BIA reinforces the colonial and paternalistic approach to the relationship between charities and the partner organizations supporting their charitable purposes. It makes the current regime more challenging for organizations to fulfill their charitable purpose by embedding a rigid and prescriptive approach to funding non-qualified donees inside and outside Canada in legislation. It makes the system more confusing, risky and challenging for registered charities and non-qualified donees to work together, and as such, impedes philanthropic and charitable resources flowing to communities that need them the most.

The serious concerns that the sector has with the BIA and that we would like to see changed within the BIA are the proposed definition of a qualifying disbursement, the proposed language relating to directed gifts and the prescribed conditions for qualifying disbursements to grantee organizations.

I know that this committee has received information from Imagine Canada; I wanted to make sure that that information from Cooperation Canada was also included.

I also wanted to give a little bit of insight into what this looks like on the ground. For example, if you're looking at perhaps an indigenous partnership and perhaps there is a requirement to work with indigenous groups that do not, for whatever reason, have charitable status, what we have in the BIA impedes the ability for charities to support indigenous groups that are doing the work within their communities. I think that's something that no Canadians want as we deal with truth and reconciliation in this country.

There's another example when we look at working internationally. Right now, we have an incredible crisis that is happening in Ukraine. I think it's really important that everyone on this committee recognizes that if we don't get this BIA right, if we don't get the direction and control right, those organizations that can do the best work in Ukraine and can do the best work with refugees who have fled Ukraine, Romania, Poland and other countries won't be able to work with Canadian charities because of the aspect of direction and control that we have in this BIA.

As Mr. Mangin was, I suspect, going to tell us, we need to amend the language on direct giving. This would allow Canadian charities to contribute to pooled funds and support non-qualified donees.

We need to remove the reference to disbursements meeting prescribed conditions and replace it with a requirement that the charity instead takes reasonable steps to ensure that the resources are disbursed and used exclusively in furtherance of a charitable purpose. We need to delete proposed regulation 3703 in its entirety. This would allow for regulations to remain in the CRA guidance documents.

Thank you, Mr. Chair.

May 26th, 2022 / 10:25 a.m.
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Jean-Marc Mangin President and Chief Executive Officer, Philanthropic Foundations Canada

Mr. Chair, members of the committee, thank you very much for this opportunity to discuss the serious and unintended consequences of Bill C‑19 for the charitable and non-profit sector.

Like many other organizations in the sector, Philanthropic Foundations Canada, which is the largest national network of private and public foundations in the country, welcomed the government's budget announcement that it would adopt the spirit of Bill S‑216, the purpose of which is to treat organizations that contribute to the common good on an equitable basis even if they do not have official charitable status.

However, Bill C‑19 does no such thing. In fact, if passed in its present form, it would undermine the operational environment by adding more complexity and risk through overly prescriptive statutory measures. I believe that the government and opposition parties are fully aware of the problems involved and that there is a common willingness to correct these unintended effects.

With Imagine Canada, Cooperation Canada and leading charitable lawyers, we have provided three simple amendments that would remove the worst of these unintended consequences. These have already been submitted to the clerk of this committee. Together, we continue to offer our co-operation to fix Bill C-19.

Given the vast and complex set of urgent challenges facing our communities, our collective focus must be to encourage adaptive, learning-oriented results management, not to impose, in law, seven narrow and mandatory measures on all forms of partnership.

The former—that is, Bill S-216—offers real accountability to funders and communities alike who work across a myriad of partnerships. The latter—that is, Bill C-19 in its current form—is a straitjacket that will hinder social innovation, continue the damaging colonial practices of de facto direction and control, and ultimately restrict the flow of charitable dollars to those who need them the most. Let's focus on outcomes—

May 19th, 2022 / 11:20 a.m.
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John Clayton Director of Programs and Projects, Samaritan's Purse Canada

Mr. Chair and members of the finance committee, thank you for the opportunity to appear before you today concerning Bill C-19, the budget implementation act, and specifics related to charities.

I've spent 30 years working in the charitable sector. Back in August 2019, Samaritan's Purse studied the Senate report on the charitable sector, specifically the pages concerning CRA direction and control. We decided to pursue changes to ITA legislation to correct problems we and many other charities in Canada have been experiencing. Samaritan's Purse then joined Cooperation Canada, where I am co-chair of the direction and control working group.

I don't know the precise history, but about 70 years ago the Government of Canada enacted legislation in the ITA that enabled charities to function but required that they only pursue their “own activities”. Subsequent to this, the CRA policy was developed around this idea.

I need to mention that the idea of “own activities” is unique to Canada. No other country uses this concept and every other country has found ways to hold non-profits accountable without using the idea of “own activities”. It is the cause of the problems we are dealing with today and the issues within the budget implementation act.

Cooperation Canada, Imagine Canada and Philanthropic Foundations Canada, together with a group of Canada's leading charity lawyers and Senator Omidvar, worked together for the last two years bringing forward Bill S-216. Bill S-216 would have eliminated “own activities” requirements, but in the last days, and after two years of advocating for changes to the Income Tax Act, this year's budget announcement indicated that the charitable sector's concerns had been heard. We were grateful for this and considered it a great success.

However, our initial euphoria turned to concern when the details of the BIA emerged. The BIA proposes changes to the Income Tax Act that would add new rules allowing charities to make “qualifying disbursements” or grants to non-qualified donees. The qualifying disbursement mechanism is a workaround to the problem of “own activities”. The BIA claims this would provide the needed funding mechanism for charities to work with non-charities and that this was in the spirit of Bill S-216, but what the BIA proposes is not in the spirit of Bill S-216. Instead, it would add 800 words of tightly defined, inflexible and prescriptive terms and conditions to the ITA.

The BIA's proposed qualifying disbursement mechanism will not work and will not be used by charities. Charities need to work with non-charities. This happens in Canada and around the world. The ways these partnerships and arrangements take shape are complicated and are determined by contextual realities, current events, cultures and a myriad of other factors.

I'll give some examples. In the last month, Samaritan's Purse, my organization, and many other organizations have responded to the Ukraine crisis. We are currently working with 17 local partners across Europe that are providing assistance to Ukrainian refugees. Another aspect of international work is that many charities are affiliated parts of larger networks. When they come together to respond to events like Ukraine, they need to be able to easily combine or pool their resources in a common response. This increases effectiveness and efficiency. Other charities are engaged in long-term development projects involving multiple partners, complex programs, funders and local governments. Lastly, within our own country, the government provides funding to charities, expecting them to work with community groups, marginalized, racialized and indigenous groups, and other non-charities.

I need to make it clear that the BIA's proposed inflexible terms and conditions don't work in any of these contexts. The qualifying disbursement mechanism would provide a one-size-fits-all regulatory straitjacket. The qualifying disbursement mechanism doesn't fit the real world. With this approach, we appear to be taking the problems of “own activities” and making them worse. Charities will avoid using this mechanism and its codified rules in the ITA because any failure to perfectly comply would result in a loss of charitable status.

If the BIA proceeds as is, we would see a combination of ITA regulations, CRA policy and a regulatory hierarchy that would be complicated and confusing. This should not be allowed to happen.

If we're going to work around the problem of “own activities”, we need to make amendments to the BIA to connect a qualifying disbursement mechanism to the practical realities and operations of charities. We all acknowledge the need for accountability. The CRA needs to monitor and enforce policy when tax-protected dollars are involved. The charities themselves are concerned about integrity and the public trust that they must preserve with their donors.

Nobody is asking for relaxed or reduced accountability. We need appropriate accountability for practical, workable mechanisms for engagement with non-qualified donees. The BIA as is will not provide this. The committee already heard earlier this week from Bruce MacDonald of Imagine Canada and has received a detailed briefing note from the three organizations, Imagine Canada, Cooperation Canada and Philanthropic Foundations Canada, which was signed by 66 significant Canadian charities.

If I have time, I'd like to restate the three specific amendments we are seeking: to refine—

May 16th, 2022 / 12:05 p.m.
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President and Chief Executive Officer, Imagine Canada

Bruce MacDonald

Yes. It's an interesting question, because, again, it goes back to this idea that having different accountability is less accountability. That is simply not true.

What we're looking to see is saying that organizations who want to work with non-qualified donees must do so in furtherance of their charitable purpose. Both Bill S-216 and the amendments we're providing to the BIA create a system where that takes place. There's not less documentation. There's not less accountability. There are appropriate accountability measures that speak to the unique partnership and relationship set up with the non-qualified donee. CRA would play its role in ensuring that those are observed.

Charities want to do their good work in furtherance of their charitable purpose. They're not looking to step outside. What we're suggesting is a system that preserves the ability to have innovative programming and to also have trust and confidence that the accountability measures are in place.

May 16th, 2022 / 12:05 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Thank you, Chair.

My questions will focus around direction and control. I'll be talking to Mr. MacDonald for most of my questions.

First of all, Mr. MacDonald, I think some of the concerns with moving towards more of an accountability and transparency base, as opposed a micromanagement base, might come from the government and the concern that if in fact charities gift to non-qualified donees, somehow this money might go to a non-charitable purpose, or even, in a worst-case scenario, to illicit purposes. But I know, because I've reviewed Bill S-216 and I've looked at the current legislation, that this won't happen.

Perhaps you could share with the committee the types of challenges a charity would face, both reputational and legal risk, if in fact the amended legislation went through and one of the non-profit organizations or non-qualified organizations did something outside the charitable purposes.

May 16th, 2022 / 11:55 a.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Thank you, Mr. MacDonald.

When I compare Bill C‑19 with Bill S‑216, my take-away is that the Department of Finance was concerned that certain provisions of Bill S‑216 could be abused, making it possible for resources to be used for a non-charitable purpose. That is problematic from an accountability standpoint. I'd like to hear your thoughts.

Do you think ill-intentioned people would be able to use charitable donations for non-charitable purposes?

The prescriptive nature of this legislation seems to be borrowed from the American law. Are we to understand that the American model is the best way to oversee a charitable partnership system?

May 16th, 2022 / 11:55 a.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Thank you, Mr. Chair.

Thank you for that, Mr. Blaikie.

I'd like to thank all the witnesses for being with us today. Their opening statements were very informative.

My first questions are for Mr. MacDonald.

Mr. MacDonald, my understanding is that the measures in Bill C‑19 are inadequate. Bill S‑216 would actually do a better job of meeting the needs expressed by various organizations.

How would Bill C‑19 impact equity-seeking groups wanting to work with charities?

Effective and Accountable Charities ActPrivate Members' Business

May 16th, 2022 / 11:50 a.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it is a pleasure for me to be able to speak in support of Bill S-216, a bill that would do away with the direction and control requirements currently in Canadian charities law.

As I speak to this bill, I would like to recognize the excellent work of the sponsor in this place, the member for Northumberland—Peterborough South, and also to recognize the great work of Senator Omidvar, who has put this bill forward in the other place and championed it multiple times. I was very pleased to see at the beginning of this Parliament how the Senate worked very quickly to get a number of private members' bills that had already passed in the last Parliament quickly into this House, so that we could move them forward. I was very pleased to see the work of Senator Omidvar and the whole Senate, as well as my colleague in this place, on this important issue.

Direction and control requirements: What are we talking about? Canadians, I think, are familiar with the concept of charitable status, the fact that organizations that have been identified and qualified as charities have certain privileges in terms of being able to issue tax receipts. We broadly recognize that it is in the public interest to provide charitable status to organizations that are doing charitable work to try to support the most vulnerable, to try to support international development and to provide various kinds of services to individuals.

I see great value in charitable work, not only because of the benefits that are provided to communities through the provision of that charitable service but also through the way in which charitable organizations draw individuals into the provision of those services directly, that they create a bond within communities between those who are working to provide services and those who are benefiting from the services that are provided.

The government has to have rules around who qualifies for charitable status and who does not. That much is fairly obvious, but the government should seek to make these rules as reasonable and accessible as possible, and to minimize red tape in the application of these rules. I was very proud of the fact that, while in government, the Conservatives had a strategy around reducing red tape in the private sector. We recognized that for private business, red tape was a major impediment, and we worked to measure and reduce the overall level of red tape.

Canada needs an intentional red tape reduction strategy for not-for-profit organizations as well. We need to recognize that not-for-profit organizations that are partnering with the government, trying to access government funding, provide services or simply benefit from charitable status, often have similar concerns about the level of red tape they face and how it limits their ability to do good work, helping to strengthen and fortify our communities.

Direction and control is one example of the kind of onerous red tape that charitable organizations have to deal with. I know the member who is putting forward this bill came to it as the shadow minister for revenue for our party in the last Parliament. My point in accessing this was as the shadow minister for international development. Direction and control, in particular, is a major concern for international development organizations.

How does direction and control work? It is simply the requirement that charitable organizations have direction and control over charitable activities, that they cannot dispense money to other organizations that are not charitable organizations if the activity that is under that provision is not fully under the direction and control of that organization. It creates administrative challenges when different organizations are trying to partner together to do good work that is clearly aligned with the charitable purpose of the organization that is doing the work, because it requires the charitable organization to be fully directing and controlling that activity. That creates administrative challenges. In particular, though, it is an issue in international development or when charitable organizations are trying to work with vulnerable communities.

The best practices in international development are really focused on empowerment. It is not about having donor countries controlling the activity that is happening in another country. Rather, it is about that donor coming alongside, partnering with but seeking to support, empower and give control to the organization that is on the ground, the people who are responsible for their own development. Too often, the discourse around international development has been about the external saviour coming in and providing the solutions, when, in reality, we should be thinking in terms of people in developing countries, those who are in the act of trying to strengthen their position economically and in other ways. They are the heroes of the story. Those who are coming alongside to help and support are merely providing an assist, a supporting function, for the central role held by the people who are involved in the struggle to pursue their own development.

When we have policies like direction and control, which say the control has to be in the hands of a Canadian charitable organization, this perpetuates a kind of colonial structure around development, whereby the control cannot be with people on the ground; the control is with the external organization providing assistance. A problem in international development is something that I have heard repeatedly from Canadian international development sectors, who say they want to see us address the issue of direction and control.

However, it is not just a problem with international development. We can think of this as being a particular problem with charitable organizations that are partnering with minority communities, indigenous communities and others. The requirement for direction and control is also colonial in that context, because it requires that the charitable organization be directing and controlling in some sense the work of organizations that may be coming from communities themselves. Unless those communities have an actual organization that has charitable status, their ability to take control of the process is limited. There is an administrative problem, but in particular, in this sense, there is a problem with the colonial message that is sent through the structures in place in terms of direction and control.

We have been working on this issue for a number of years. I have asked questions on it in the House. I have raised the issue, and many other members have done the same. One of the points of frustration is that we talk about the importance of charities, but there does not seem to be a home in government for charities. We do not have a minister responsible for charities, so when these questions come up there is sometimes a bit of back and forth. There is the engagement of the international development, revenue and finance departments, but we do not have a real hub in government for charitable activities.

That is an issue that needs to be addressed as well. To have a broader strategy around reducing red tape for charitable organizations, we need a structure within government that is a hub for policy and strategy around promoting and empowering charitable organizations and addressing the challenges they face. Notwithstanding those issues, we were very pleased to see that the government at least took a step in the last budget, which actually mentioned Bill S-216 and acknowledged the problem with direction and control. The foreign affairs committee in the last Parliament unanimously endorsed a direct recommendation asking the government to do away with the direction and control requirements and replace them with a new accountability structure. The foreign affairs committee specifically used the word “colonial” to describe the existing requirements.

Finally, for the first time in this budget, we have acknowledgement by the government that yes, we do have a problem with direction and control, and it has to be remedied. The budget said that the remedy the government would put forward would be in the spirit of Bill S-216, but there continues to be concern about that language, the spirit of S-216 instead of the text of S-216. Effectively, the text of S-216, in terms of replacing direction and control with an alternative accountability framework, was built up through extensive engagement and consultation with the charitable sector. It involves a strong structure of accountability whereby charities are accountable for the activities they fund but do not have to provide that direction and control.

There are continuing concerns among many in the charitable sector about the approach being taken by the government. They say the government has acknowledged the problem, but they ask whether it has actually brought forward the solution we need to see and whether it is prepared to solve the problem. To do so could and should have involved the full adoption of the text of Bill S-216 into the budget implementation act. We did not see that, so there continue to be concerns about whether the new framework will introduce a substantial level of red tape, so that we are replacing one flawed framework with another flawed framework.

The debate on Bill S-216 will continue and, in the absence of complete action by the government, the bill can and should go forward. I am hopeful that the government will take further steps from the budget, recognize that the charitable sector needs to be continuously consulted throughout this process, recognize that there is more work to do to ensure that not just the spirit but the letter and the fullest of the ideas that are present in S-216 are reflected in government policy going forward in order to empower charitable organizations, and address these problems of residual colonialism in our charitable laws.