Evidence of meeting #77 for Environment and Sustainable Development in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was register.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Pierre LeBlanc  Director, Personal Income Tax Division, Tax Policy Branch, Department of Finance
Joëlle Montminy  Vice-President, Indigenous Affairs and Cultural Heritage Directorate, Parks Canada Agency
Genevieve Charrois  Director, Cultural Heritage Policies, Parks Canada Agency
Blaine Langdon  Chief, Charities, Personal Income Tax Division, Tax Policy Branch, Department of Finance

8:45 a.m.

Liberal

The Chair (Mrs. Deborah Schulte (King—Vaughan, Lib.)) Liberal Deb Schulte

Good morning, everyone. Welcome.

Pursuant to the order of reference of Thursday, March 23, the committee commences consideration of Bill C-323, an act to amend the Income Tax Act (rehabilitation of historic property). As the summary says, this enactment would amend the Income Tax Act to establish a tax credit for expenses related to the rehabilitation of historic property. It also establishes a tax deduction for the capital cost of property used in the course of such a rehabilitation.

I would like to welcome Honourable Peter Van Loan to the table. If you're good to go, we'll open the floor to you.

8:45 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Thank you very, very much.

Thank you for the work you've already done studying the issue of heritage in Canada, and now today studying this bill.

I also want to start by thanking in particular John Aldag for the fact that we are here discussing this at all. It has, in my view, as much, if not more, to do with him than with me. That, I think, says something about this bill.

I should say a bit about why I chose this as the subject for my bill.

I'm a former House leader. I have no illusions about my ability to count. I knew if I wanted to have something that was going to have any prospects of success, I would have to select a subject matter that was worthy, that was non-partisan in nature, that could do positive things for the country, and that, as a result, could earn support from all sides. This bill is exactly such a bill, and it addresses what I think has been an outstanding policy need in our country for some time. In fact, this bill builds on work that was done previously under both Conservative and Liberal governments but that has never been brought to a satisfactory conclusion. You, as a committee, have an opportunity to complete that work and to fill a very important policy void, at least in part, obviously not in its entirety, that calls out for federal involvement, as I think you heard from many witnesses.

The purpose of Bill C-323 functionally is to establish a tax credit for 20% of the cost of the restoration of heritage buildings. The rest of the cost, the remaining 80%, would then also be able to benefit from an accelerated capital cost allowance, for a three-year writeoff, whereas a normal project of that type might take a little longer to write off under the tax rules.

The tax credit and the accelerated capital cost allowance would apply only to properties that are on the Canadian Register of Historic Places, so in that sense their impact is limited and their scope is limited. As well, the work that was done, the costs for which the benefit of the credit is being sought, would have to be certified by a professional engineer as having followed the “Standards and Guidelines for the Conservation of Historic Places in Canada”, which have been prepared by Parks Canada. It should be noted that both the Canadian Register of Historic Places and the “Standards and Guidelines for Conservation of Historic Places” were developed within the Department of the Environment in anticipation of exactly a tax credit policy such as this, and they are there to support it. So we're in the fortunate position of being able to bring forward legislation for which that infrastructure has already been built in the department with legislation like this in mind.

Why does it matter that we preserve heritage buildings? When we think about the places we like to visit, the places that attract people from around the world, we think of places like London, Rome, St. Petersburg, and Paris. People want to go there because they will be surrounded by beautiful heritage buildings. Those buildings help to define those places. They tell us who we are. They tell our stories. And it's no different here in Canada. In Canada the places we find enjoyable to visit, the places where people want to gather and want to go are overwhelmingly the places with well-maintained and preserved heritage areas. Think of the Distillery District in Toronto or the Old Port in Montreal. Think of quaint small towns, whose main streets you like to visit and shop in. There's a reason for that, which is that those places tell our stories. We feel when we are there that we are absorbing what's gone before us, what has made us what we are, and what a place is all about, in a very physical way.

I think that's one reason it's important. But why take the step forward in terms of a tax credit to help preserve these buildings? The reality is, as anybody who has been involved in owning a heritage building or in a business that's in one knows, that while there's a strong public interest in preserving such buildings and seeing the restoration, there is an extraordinary cost. The cost of preserving a heritage building is usually well in excess of the cost of demolition and new construction of something equivalent. We've lost 20% of our national heritage over recent decades, according to evidence you've heard, because sensible people in business, who look at the cost of restoration and look at the cost of new construction will usually opt for new construction because it is financially advantageous.

When we ask individuals to restore and preserve a heritage building because it's good for society, it's good for the community, we are asking them to assume privately the cost of maintaining what is a public benefit for the entire community. The policy rationale is if we're asking them to bear that public burden privately, it is incumbent upon us to assist them somewhat, in fairness, if we actually want to see those historic buildings preserved. When a heritage designation falls on a property, that is one of the consequences. We put barriers in front of what they can do with it, and so on. Our laws fundamentally respect property rights. Those are not permanent barriers ultimately.

There's always the option of demolition. There's a real cost there. We don't want to see that demolition occur. We want to see the buildings maintained, restored, and become vital parts of the community. That's why the policy rationale for this bill is solid. If we accept that heritage buildings are a value, is this the right approach, correct approach, or positive approach to preserving them?

This tax credit is very much modelled on a U.S. program that you did hear evidence about, the heritage restoration tax credit. That program has been highly successful over recent decades. It's a rare program that actually returns more to the public purse than it takes away from the public purse. There have been abundant studies to that effect. You heard about the Rutgers study that regularly looks at it on an annual basis, and calculates that for every dollar impact on the public purse in terms of a credit going out, $1.25 or more gets returned to the public purse every year in the United States.

I'm often skeptical of these kinds of arguments because anybody who has been.... I think of Mark here. As a mayor he probably had all kinds of economic input. The basic rationale tends to be that if you just spent all the money there was in the world, we'd all be millionaires, because that's the kind of economic impacts these people put in front of you. This is actually a different kind of case. These have been so clearly studied and the results are so apparent.

I look at the Urban Land Institute which operates here in Canada as well as in the United States, and also around the world. It puts out a quarterly magazine. I was looking through it about six months ago, as we were working on this bill, for totally separate reasons just because of my interest in these things. What struck me was that it was an edition where it focused on all the top projects in North America. Virtually every single one in the United States that was a success story had taken a derelict downtown area and made it into a vibrant hub of commercial, economic, retail, and entertainment activity where people wanted to go. Almost every single one involved heritage restoration and a heritage restoration tax credit.

These have all been showcased as the best projects in the country. The fact that the restoration tax credit was present in virtually every one of them spoke volumes to me in a country like the United States where there's no real kind of planning push against suburbanization like we have here. I saw in that the very real economic impact that was occurring.

In the U.S., about $1 billion a year is spent on these credits, or at least those are the benefits that go out in the credits. They tend to generate about $5 billion a year in economic activity, and about $1.25 billion a year goes back to the public purse. They're netting out in a positive result to the public purse. That's very significant, and the evidence is there, as I said, from the Rutgers study and elsewhere.

In Canada, we've had a little bit of an example. We had a trial program which was a grant-based program, but Deloitte did some work reviewing its success in looking forward to a tax credit program. By its projections, we would have a similar kind of return here based on the evidence in front of you from witnesses between $1.25 to $1.90 for each dollar that would be a credit impact. You would have that much going back to the public purse. There would actually be a net gain.

It's not the only place where that's happened. I use the analogy, and some people have said this is a boutique tax credit. In fact, I put more on the grounds of something like the science, research and experimental development tax credit, a tax credit that we engage in the society, because we want to encourage certain economic activity that's desirable to make our economy and our country a better place. In Canada, that's about $4 billion a year, I believe. About 85% of our research and development spending goes out through that credit. It's done by the government, because we believe it is a worthy way of encouraging desirable economic activity that makes our country stronger and creates economic growth. If you're talking about analogies, that is the strongest analogy to that kind of a tax credit, the SR and ED credit compared with what we are talking about here.

I want to draw your attention to an amendment that needs to be made here. It is only in the French-language version, at line 11, on page 3. Right now, the way it reads, the way it was originally drafted, basically the effect is that the capital cost allowance would be applied against income tax payable, rather than deducted from your income from which tax payable would be calculated, so you'd be getting two credits instead of an accelerated capital cost allowance. We need to correct that, so we're asking

that Bill C-323, in clause 1, be amended by replacing, in the French version, line 11 on page 3, with the following:

déductible dans le calcul du revenu d'un contri-

The way it would be calculated, the capital cost allowance goes against the revenue that's going to be taxed.

I'm happy to take as many questions as you have.

8:55 a.m.

Liberal

The Chair Liberal Deb Schulte

You're going to leave that with us, the changes that you have submitted.

8:55 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Yes, I believe we have submitted it.

8:55 a.m.

Liberal

The Chair Liberal Deb Schulte

Okay, great. Thank you very much.

I welcome Richard Cannings and Peter Schiefke to the committee today. Thank you very much for joining us.

We'll start with Mr. Aldag.

8:55 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Thank you and good morning.

Thank you, Peter, for the work you've done on this. It is a discussion that's timely to have in our country. As you mentioned, it has been discussed for a long time and we've never quite reached the end goal, the end point on it, so it's good that we're having this conversation.

I don't know if you covered it in your comments, but I wonder if you've been able to cost out or have looked at what the overall cost to implement this would be. Has any estimate been put to the tax credits as you've outlined with the amounts you've put in and the projects that would be considered?

8:55 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

There is a wide range. I know you had evidence that saw it having a much more modest initial cost, but ultimately, at full operation, it would be a $55-million annual impact, which would be offset by about $14 million more than that in tax revenues. That was based, in the Deloitte study, on 22,000 properties in the national register. Right now, there are about 13,000 properties in the national register.

That said, there are other estimates that go a little higher and some that go a little lower. The initial figure I received from earlier work that the department had done was about $44 million, but that was a bit dated, so the $55 million, to me, seems reasonable. Of course, this is a hypothetical guess on what the uptake will be. The highest figure I've seen is still well short of $100 million a year in terms of impact on the fiscal framework.

By contrast, you have evidence that the current parliamentary renovations, the House of Commons renovations that are taking place in West Block, are going for about $3 billion. Centre Block is projected to be about $3 billion. Just on those buildings alone, you're talking far more significant costs. We're talking about a program here that will benefit the entire country that is a small amount of that, and all the evidence shows will actually return money, return additional funds to the fiscal framework.

9 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

You're right that I've done a bit of looking into this. I've seen numbers anywhere, as you say, from below $50 million up to about $95 million.

9 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

I even saw one that was $14 million, for the second year.

9 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Okay.

9 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

When you were pulling together your proposal, you included everything, all the properties listed on the Canadian Register of Historic Places. Did you consider going with a perhaps less inclusive inventory? What took you to that point, in terms of using the Canadian register for inclusion?

The reason I ask is that we had a witness for the heritage study we're currently working on who put forward that perhaps the biggest bang would come from investing in commercial properties and excluding, perhaps, privately owned residential properties.

Do you have any insights you could offer about why you chose to include what you did and whether you looked at perhaps a less inclusive program?

9 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

The first reason is that this is what the register was being prepared for, to support a program such as this. Obviously, at some level, policy-makers wanted to do that.

Second, there's no doubt there may be a greater benefit from commercial properties in terms of what gets returned to the fiscal framework. However, if you look across the full range of our country geographically, small towns, and so on, and where challenges may be greatest, the very tiny amounts that might be spent on restoring Sir John A. Macdonald's summer home in Rivière-du-Loup might be.... Well, that's not a good example, because it operates commercially for some of the year. However, for a small place such as that, it might be a tiny, modest amount, but it can have the greatest positive impact in assuring the preservation of that heritage.

Overall, we shouldn't distinguish between commercial and residential and other uses; otherwise, we're going to be driving people to take a place that might be in residential use and put it into commercial use, where that might not be the best way of ensuring the ongoing preservation of its heritage character.

9 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

I am a bit curious.

You mentioned that this is something that's been talked about for a long time under Liberal and Conservative governments. It didn't make it. There was the pilot program, the commercial heritage properties incentive fund, in the early 2000s. I think it might have spanned both the Liberal and Conservative governments.

The government you were a part of was a strong proponent for tax credits. I am a bit curious on how this has never made it forward over the last decade. Were there any reasons? Did it ever come forward? Were there reasons that it didn't advance over the past decade?

9 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

My assessment at the end of the day is that we have something called the Department of Finance. Their default posture is always no. It's no to additional tax credit programs. The only way things like this happen is when politicians choose to exert political will and exercise their authority to give that direction and say, “This is a priority for us. We want to see it happen.” We are in the position of being able to do that.

I think we've seen that dynamic at play here already. I don't put it down to a partisan dynamic at all. I put it down to the natural bureaucratic response of a Department of Finance that will say that to any program like this, anywhere.

When you've talked about tax credits in the past, I think it probably would not surprise anyone that none of those came as initiatives from the Department of Finance. They all came as initiatives of politicians, political platforms, finance ministers, prime ministers, whoever thought it was important to do these things. I think we're in a similar situation here in terms of the tax credit.

9 a.m.

Liberal

John Aldag Liberal Cloverdale—Langley City, BC

Thank you.

9 a.m.

Liberal

The Chair Liberal Deb Schulte

Mr. Sopuck.

9 a.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Thank you.

Mr. Van Loan, it's great to have you here.

In regard to your last comment about the Department of Finance's position always being no, I could not agree with you more. I recall that when we were in government—this is completely unrelated to this study—a number of us proposed a recreational fisheries conservation partnerships program, where the government, DFO, would work with angling groups. The Department of Finance's default position was no. Of course, that was overridden at the political level, and we ended up with 800-plus environmental projects in waterways right across the country. It was a great public benefit.

To the government members here, I think they should heed the wise words of Mr. Van Loan. If it's a good project but the Department of Finance demurs, you should run them over.

9:05 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

If I could answer, if you ask most people who have been in cabinet, been in government and so on, what regret they have, it would be not exercising that authority they had a bit more often, deferring too often to those permanent forces in the bureaucracy who told them what to do.

I think that when people look back on their careers, having had their opportunity to make a difference, they will ask themselves, “Did I exercise that opportunity to make a difference, or did I let somebody else frustrate my efforts to represent my community and my constituents and do what I thought was right for them?”

It's really incumbent upon us here to do that. Whatever your perspectives, your views, if you represent a perspective and there's something worthwhile for your community, go to bat, make it happen. You will not feel bad about it in looking back on your career.

9:05 a.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

That was well said.

On your point about the tax credit program in the U.S. costing $1 billion, I made the assumption that because we're one-tenth of the size, $100 million would be the cost in Canada. I'm very surprised and pleased that it's about half of that, in your estimate.

9:05 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Well, the biggest reason is that their scope is much broader. We have a very tight limit on the number of properties.

As well, their program also includes a 10% tax credit for non-designated heritage properties that just happen to be old enough. They have a much wider scope for spending on projects than does this bill, which is fairly tightly circumscribed.

9:05 a.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Yes, and not to be flippant about it because I am a conservative after all—every public dollar is precious—but when one looks at the overall federal budget, really, $55 million is coffee money. The benefit that you've described I think would be quite significant if we were to implement this program.

Could you expand on how built heritage provides the public with a benefit? How would your bill help in delivering this public benefit?

9:05 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

There's one story I would like to tell you. In my previous life in private practice as a lawyer, I ended up carving out a bit of an area of work where I did a lot of heritage work for some reason or other. It just worked that way. One that my firm was involved in, but that I personally was not, was BCE Place in Toronto. There was no tax credit like this in place, but the City of Toronto had a policy that if you were preserving designated heritage elements in certain areas of the central core, you got a two-times density bonus. At the corner of King and Bay, two-times density was kind of valuable, and at Yonge and Front streets, that's kind of valuable.

Every year, Andy Barrie on CBC would have a rant one day where he would talk about how great it was that the planners stood up to the evil, rapacious developers and forced them in BCE Place to save that bank building that became the Hockey Hall of Fame, to save the Chamber of Commerce, that gorgeous building that went inside, and to save all that beautiful facade of buildings along Yonge Street, and really protect that heritage character even though it was new construction, and thank God for the planners.

He was right in one regard, except they weren't standing up to the developers. What happened was incentives were put in place in the form of that density bonus. The developers said, “Hey, we want to get that additional density.” They hired some historians and heritage experts to make the case on why some of these buildings should be designated and preserved because they were of value. The heritage board for Toronto accepted that. They actually encouraged the process of this preservation so they could capture the density.

The point I'm making is that, with the right incentives in place, you will change the bottom-line equations that affect behaviour, and instead of demolition, you will get preservation. Anybody who has been to BCE Place will tell you that it's wonderful because there are beautiful new buildings that are enjoyable to be in, but there's also beautiful built heritage that makes the neighbourhood and the whole area a very valuable and wonderful place to be. It's a tourist hub, an economic activity hub, and it's positive in all those ways.

9:05 a.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Could you expand on the benefits of heritage preservation over new development in your talk?

9:05 a.m.

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Well, I'm a great believer that it's because of the character in the stories that it tells. You can look at some of these beautiful buildings we lost, and you almost want to cry over what we have lost over the past, especially in Toronto where there certainly was in the 1950s and 1960s a real priority placed. You have lost the story of what the city was about. You actually lose particular buildings. The beautiful residence that was once the home of the Lieutenant Governor of Ontario—gone. It was a place that, if it was maintained today, would be far more attractive for people to visit than, say, Casa Loma or something.

Also, some people point to the environmental benefits of the reuse of buildings, instead of dumping the materials and so on and demolition, but I really think it's the character building and the history storytelling that really make the biggest difference.

9:10 a.m.

Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Very well said. Thank you very much.