Evidence of meeting #152 for Finance in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was provinces.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

John Moffet  Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment
Pierre Mercille  Director General (Legislation), Sales Tax Division, Tax Policy Branch, Department of Finance
Gervais Coulombe  Director, Sales Tax Division, Tax Policy Branch, Department of Finance
David Turner  Tax Policy Analyst, Sales Tax Division, Tax Policy Branch, Department of Finance
Philippe Giguère  Manager, Legislative Policy, Department of the Environment
Sonya Read  Senior Director, Digital Policy, Treasury Board Secretariat
Marie-Josée Lambert  Director, Crown Corporations and Currency, Financial Sector Policy Branch, Department of Finance
Justin Brown  Director, Financial Stability, Financial Sector Policy Branch, Department of Finance
Yuki Bourdeau  Senior Advisor, Financial Sector Policy Branch, Department of Finance
Galen Countryman  Director General, Federal-Provincial Relations and Social Policy Branch, Department of Finance
Gigi Mandy  Executive Director, Canada Health Act Division, Strategic Policy Branch, Department of Health

Noon

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

In theory, any government, including the Canadian government, could acquire foreign credits.

Noon

Conservative

Pierre Poilievre Conservative Carleton, ON

How would that work? Would it provide money in exchange for credits?

Noon

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

That's essentially how it would work, but again the precise details have not been worked out in the UN framework convention.

Noon

Conservative

Pierre Poilievre Conservative Carleton, ON

Right. Where would the government get the money to purchase those credits?

Noon

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

I can't speculate. This is not something the government is planning to do. This is not something the government has announced it is doing. I would be completely speculating as to whether the government will do it and how it will do it.

Noon

Conservative

Pierre Poilievre Conservative Carleton, ON

The next question is for Finance.

As you know, American businesses are now paying significantly lower taxes than they were even a couple of years ago. Their tax burden is just in percentage now slightly lower than that in most Canadian provinces. In addition to that, American companies are able to write off 100% of capital investments in the year they're made rather than having them amortized over the life of the asset, which gives a real cost of money advantage to our U.S. competitors.

In most American states there is no carbon tax. Therefore this burden will pile on to the competitive disadvantage that already exists.

Does the carbon backstop in this bill foresee the usage of revenues from backstop provinces going towards business tax reductions in the province in question?

12:05 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

It's straightforward. If the government returns the revenue to provincial governments under the provisions in the act, then the government would not impose any conditions on the use of that money. We already know that is a possible use of revenues because that is, in part, the way British Columbia has used its revenues.

12:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

What about in provinces where the government has not asked for a backstop and therefore the federal government is responsible for recycling the revenue? Would any of that money be used for personal or corporate tax reductions?

12:05 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

At this point I can't answer that question, because the government has not articulated whether it will exercise its authority under this legislation to return money to designated persons, and if it does, how it would choose to exercise that authority.

12:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Can businesses be considered designated persons under this?

12:05 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

Yes. A person is a term of art in law, which can refer to a corporation as much as to an individual human being.

12:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Does “return” mean a reduction in another tax, or must it mean some sort of cash rebate under this law and in instances where the federal government is administering the backstop directly to persons?

12:05 p.m.

Director General (Legislation), Sales Tax Division, Tax Policy Branch, Department of Finance

Pierre Mercille

I think the legislation provides for the return of the revenues. The legislation doesn't provide for amending other statutes.

12:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

To comply with the obligation to return the revenues to the jurisdiction of origin, could the federal government reduce taxes uniquely in the jurisdiction in question?

12:05 p.m.

Director General (Legislation), Sales Tax Division, Tax Policy Branch, Department of Finance

Pierre Mercille

The provision of the legislation says that the Minister of National Revenue, in the case of part 1 of this bill, must pay the amount.

12:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Therefore, it can't be done. There's no chance then that there will be corresponding tax reductions?

12:05 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

There's no chance there will be corresponding federal—

12:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

No, no, I understand that. That's why I have specifically and repeatedly said that I'm talking about whether the federal backstop kicks in and if it's being administered to persons. I'm not talking about where you're giving the province money. I'm talking about where you're giving to persons.

12:05 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

Pierre, I think your interpretation is correct.

12:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Okay. There's no chance. In essence, it can't be revenue neutral because the only commitment here is that you're going to spend the money, albeit within the province from which it was originally collected, but it's just taxes to spend.

Revenue neutral would imply that the government would, through one tax cut, reduce its revenue enough to neutralize the increase in revenue it obtained from another tax increase.

12:05 p.m.

Associate Assistant Deputy Minister, Environmental Protection Branch, Department of the Environment

John Moffet

I don't think I can comment on that, other than to repeat the government's position that it will not keep any of the revenue. The purpose of the legislation is not to raise revenue in order to spend revenue, but the revenue is raised as an artifact of the way the pricing system works.

12:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Right. Okay. That's good.

12:05 p.m.

Liberal

The Chair Liberal Wayne Easter

I was just going to say that I hope that's good.

Mr. Kmiec, we do have witnesses here for several other parts and divisions that we would also like to get to. Our schedule is getting very tight.

Go ahead, Mr. Kmiec.

12:05 p.m.

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Maybe we'll just change the pace. I have questions about sections 94 and 96 in division 6, subdivision B, and section 141 in subdivision K. It's about carbon tax investigations and amounts paid. Can you help me understand how this would work? Is it similar to other portions of legislation, like the Income Tax Act that's overseen by the CRA. Under section 94, it talks here about appointing: “The persons that are necessary to administer and enforce this part are to be appointed, employed or engaged in the manner authorized by law.”

Is that pretty similar to other legislation?

12:10 p.m.

Director General (Legislation), Sales Tax Division, Tax Policy Branch, Department of Finance

Pierre Mercille

Yes, it is. Essentially, these powers allow the minister, in a very simple way—it's not the minister herself who's going to do all the tasks—to delegate to officers, who are the people who work at the Canada Revenue Agency.