Evidence of meeting #59 for Finance in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was change.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Ted Cook  Senior Legislative Chief, Tax Legislation Division, Tax Policy Branch, Department of Finance
Sean Keenan  Director, Personal Income Tax Division, Tax Policy Branch, Department of Finance
Brian McCauley  Assistant Commissioner, Legislative Policy and Regulatory Affairs Branch, Canada Revenue Agency
Pierre Mercille  Senior Legislative Chief, Sales Tax Division, GST Legislation, Tax Policy Branch, Department of Finance
Lucia Di Primio  Chief, Excise Policy, Sales Tax Division, Excise Act, Tax Policy Branch, Department of Finance
Gordon Boissonneault  Senior Advisor, Economic Analysis and Forecasting Division, Demand and Labour Analysis, Economic and Fiscal Policy Branch, Department of Finance
Jane Pearse  Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance
Annie Hardy  Chief, Financial Institutions Division, Structural Issues, Financial Sector Policy Branch, Department of Finance
Ling Wang  Chief, Financial Institutions Division, Housing Finance Review, Financial Sector Policy Branch, Department of Finance

8:05 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

I see.

Are there any implications or impacts of these changes to the treasury in terms of tax revenue or government revenue as a result of these changes? Was there a risk of tax leakage as a result of some of those vehicles?

8:05 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

Not that I'm aware of.

8:05 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

There was no issue as a result of them.

Where was the pressure? What interest groups were most interested in making these changes? Where did that come from? There's always some group or organization. Where did this emanate from?

8:05 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

This was more about ensuring there was clarity about the division between banking products and life insurance products.

8:05 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Okay.

What would differentiate a life annuity and a life-annuity-like product?

8:05 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

The banks were interested in offering a product with many of the characteristics of a life insurance product but that didn't cross what was then the legal line. So it was deemed to be inconsistent with the spirit of the legislation, and this clarifies where the line is in the legislation.

8:05 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

In the U.S., from a financial regulatory perspective, what's the treatment of life-annuity-like products?

8:05 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

I can't answer that in detail, but I know that in the United States they don't have the same distinction. They don't have the same prohibition that banks cannot be offering insurance products.

8:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Okay. That's helpful in terms of understanding this.

So there would have been pressure, I suspect, from the insurance industry in Canada to make this sort of change?

8:10 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

I can't tell you that I had pressure from the insurance industry.

8:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

You've got to understand I am kind of a simple country fellow, and I still don't understand the difference between a life-annuity-like product and a life annuity.

8:10 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

The life annuities are very explicitly an insurance product offered by insurance companies. The life-annuity-like products are products that were being offered by banks that were based on the death of the purchaser but didn't carry all of the characteristics of an annuity product, such that they would be captured by the existing legislation. So they skated close to the edge.

8:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Did they become commercially.... I don't want to say successful, but was there a fair amount of penetration in the market for these products? Was this a fairly significant issue?

8:10 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

No, I don't believe so.

8:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

For how long did these life-annuity-like products exist in the marketplace?

8:10 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

I believe it was for about a year.

8:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

For about a year, but they weren't that commercially viable.

So how would it work if I wanted to buy a life-annuity-like product? I think it's important.

8:10 p.m.

Conservative

Mike Wallace Conservative Burlington, ON

Speak to the real issues in the budget instead of this.

8:10 p.m.

Conservative

The Chair Conservative James Rajotte

Order.

8:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Some of our legislators take our responsibility seriously.

8:10 p.m.

Conservative

Mike Wallace Conservative Burlington, ON

I wish you would take it seriously.

8:10 p.m.

Conservative

The Chair Conservative James Rajotte

Thank you. Your time is up, Mr. Brison.

8:10 p.m.

Liberal

Scott Brison Liberal Kings—Hants, NS

Maybe one of my Conservative colleagues could ask a granular question on this specific—

8:10 p.m.

Conservative

The Chair Conservative James Rajotte

Well, I'm going to ask a question.

What this is, essentially, is banks are not allowed to sell life insurance products, and they know that. What they have been doing is creating products that are in the grey area of being a life insurance product. So that's why they're life-annuity-like products. And what we're doing as a government, as Ms. Pearse has said, is making it really clear that it is not appropriate. The letter and the spirit of the law is the division between banks and insurance companies with respect to these products.

Is that correct?

8:10 p.m.

Director, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance

Jane Pearse

That's very well said.