Evidence of meeting #51 for Finance in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was agreed.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Trevor McGowan  Director General, Tax Legislation Division, Tax Policy Branch, Department of Finance
Clerk of the Committee  Mr. Alexandre Roger
Pierre Mercille  Director General, Sales Tax Division, Tax Policy Branch, Department of Finance
Philippe Méla  Legislative Clerk
Dave Beaulne  Senior Director, Legislation, Tax Legislation Division, Tax Policy Branch, Department of Finance
Maude Lavoie  Director General, Business Income Tax Division, Tax Policy Branch, Department of Finance
Maximilian Baylor  Senior Director, Personal Income Tax Division, Tax Policy Branch, Department of Finance
Lesley Taylor  Senior Director, Personal Income Tax Division, Tax Policy Branch, Department of Finance
Dominic DiFruscio  Senior Advisor, Sales Tax Division, Tax Policy Branch, Department of Finance
Phil King  Director General, Sales Tax Division, Tax Policy Branch, Department of Finance
Erin O'Brien  Director General, Financial Services Division, Financial Sector Policy Branch, Department of Finance
Jean-François Girard  Senior Director, Financial Stability and Capital Markets Division, Financial Sector Policy Branch, Department of Finance
Julie Trepanier  Director, Payments Policy, Financial Systems Division, Financial Sector Policy Branch, Department of Finance
Nicolas Moreau  Director General, Funds Management Division, Financial Sector Policy Branch, Department of Finance
Manuel Dussault  Senior Director, Framework Policy, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance
Justin Brown  Acting Director General, Financial Crimes Governance and Operations, Financial Systems Division, Financial Sector Policy Branch, Department of Finance
Neelu Shanker  Deputy Director, Operations, Sanctions Policy and Operations Coordination Division, Department of Foreign Affairs, Trade and Development

7 p.m.

Liberal

The Chair Liberal Wayne Easter

Go ahead, Mr. Ste-Marie.

7 p.m.

Bloc

Gabriel Ste-Marie Bloc Joliette, QC

First of all, I would like to say a huge thank you to the interpreters and the entire technical team who make the committee work. Three and a half hours is a lot.

My thanks also to the senior officials for making themselves available.

Mr. Mercille, if you could send us the list of the OECD countries that have such legislation in place, we would be very grateful to you.

7 p.m.

Director General, Sales Tax Division, Tax Policy Branch, Department of Finance

7 p.m.

Liberal

The Chair Liberal Wayne Easter

We won't be able to finish clause 107. We'll have to vote on it when we come back.

We all agree with Mr. Ste-Marie's comments on all the officials and the interpreters who have worked so hard. This is pretty technical stuff, so it has to be hard to keep up in the booth.

For members, we will suspend until about 7:33 in Ottawa time. We will have until 9:30 Ottawa time. We managed to negotiate agreement to go until 9:30.

I would suggest to committee members to look through the bill and find a way to speed this up a little bit, so that officials don't have to explain every single clause. Maybe we could move some in groups on division. People can look through the bill and see where their concerns are, because officials have spent two evenings and were before committee already. We don't want to wear them out completely.

With that, we will suspend until 7:34. We'll start on the dot.

The meeting is suspended.

7:35 p.m.

Liberal

The Chair Liberal Wayne Easter

We shall reconvene meeting number 51 of the finance committee. We are studying Bill C-30 clause by clause.

We were at clause 107 and had a discussion on that. Are there any further questions?

Ed, your hand is up. Go ahead.

7:35 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

During our break, Mr. Chair, I was going through clause 107. This is a very long clause, but I wanted to get our officials to comment on the way Airbnbs are going to be treated under the e-commerce provisions.

7:35 p.m.

Director General, Sales Tax Division, Tax Policy Branch, Department of Finance

Pierre Mercille

I'm not going to talk specifically about Airbnbs, because the application of the legislation to a particular tax situation is the responsibility of the Minister of National Revenue, but I can go through the measure that deals with short-term accommodation.

Essentially that's the third aspect of the e-commerce measure. It deals only with the supply of short-term accommodation in Canada that is facilitated through a digital accommodation platform. The amendments require the GST/HST to be collected and remitted by either the property owner or the accommodation platform operator if the supply is facilitated through a digital accommodation platform.

The property owner would be the one who is going to remit the tax if that person is already registered for the GST/HST, while the obligation to remit would fall under the accommodation platform of the operator if the property owner is not registered.

As I mentioned, there would be a simplified GST/HST registration and remittance framework that also would be available to non-resident accommodation platform operators who are not carrying on business in Canada. Essentially they're not carrying on business in Canada, and beside the fact that they may have customers in Canada, they don't have a physical presence here.

The proposal is for these measures to apply as of July 1.

7:40 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

I have just one last question. It's a very short one.

Is there a revenue threshold below which a short-term accommodation would not be captured, or is all short-term accommodation captured under this legislation?

7:40 p.m.

Director General, Sales Tax Division, Tax Policy Branch, Department of Finance

Pierre Mercille

I believe it's all of them, but just to be sure, Dominic DiFruscio is in the waiting room. Maybe he can confirm that.

7:40 p.m.

Liberal

The Chair Liberal Wayne Easter

Mr. Clerk, did we find Dominic?

7:40 p.m.

The Clerk

Yes, sir. He should be in.

7:40 p.m.

Liberal

The Chair Liberal Wayne Easter

Go ahead, Dominic. I hope you heard the question.

May 27th, 2021 / 7:40 p.m.

Dominic DiFruscio Senior Advisor, Sales Tax Division, Tax Policy Branch, Department of Finance

Yes. Good evening, Mr. Chair.

It seems from a technical perspective from the waiting room that the clerk had disconnected me and then reconnected me into Zoom. I think that's why there was a bit of a delay.

To answer the question, it would apply to all short-term accommodation in Canada.

We have a $30,000 threshold. At present, this $30,000 threshold would apply at the property owner level. With this particular measure, the $30,000 threshold would then apply at the platform level. In effect, you could have a property owner who is making less than $30,000 of supplies. That person would not be required to register under the general GST regime. However, if the grand total of all supplies being made through the platform reaches that $30,000, including perhaps many multiple-property owners who are making less than $30,000, that $30,000 threshold would then apply at the platform level.

In general, this measure would apply to major platforms. In the vast majority of cases, a major platform would be facilitating more than $30,000 of supplies of short-term accommodation. In that case, the platform would be required to register under the simplified regime.

7:40 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Okay. For clarity, if you have a short-term accommodation facility that maybe has $10,000 to $15,000 worth of revenues but is actually promoting itself on a platform like Airbnb, which is huge, it will be paying GST.

7:40 p.m.

Senior Advisor, Sales Tax Division, Tax Policy Branch, Department of Finance

Dominic DiFruscio

In a circumstance such as that, it would be the digital platform. The large corporation that would be facilitating those supplies would be required to collect and remit the GST.

7:40 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

Effectively, all short-term accommodation is now going to be taxed.

7:40 p.m.

Senior Advisor, Sales Tax Division, Tax Policy Branch, Department of Finance

Dominic DiFruscio

Effectively, that's correct. Effectively, yes, all short-term accommodation in Canada that's facilitated through a digital platform would be subject to the GST.

7:45 p.m.

Conservative

Ed Fast Conservative Abbotsford, BC

That's very helpful to know. Thank you.

7:45 p.m.

Senior Advisor, Sales Tax Division, Tax Policy Branch, Department of Finance

Dominic DiFruscio

You're welcome.

7:45 p.m.

Liberal

The Chair Liberal Wayne Easter

Shall clause 107 carry on division?

(Clause 107 agreed to on division)

(On clause 108)

7:45 p.m.

Liberal

The Chair Liberal Wayne Easter

We're on clause 108. Pierre, you will have to speak to it briefly.

7:45 p.m.

Director General, Sales Tax Division, Tax Policy Branch, Department of Finance

Pierre Mercille

Clause 108 is basically a consequential amendment. There are two amendments in there. One is consequential to the e-commerce measure, and the other one is consequential to the old rules that I explained earlier.

The provision being amended is a registration provision. Basically this refers to the consequential amendment to the simplified registration that I mentioned. It allows the registration, in certain cases, of trusts and partnerships that would have an operating company under them and be able to claim ITCs.

7:45 p.m.

Liberal

The Chair Liberal Wayne Easter

Thank you, Pierre.

Shall clause 108 carry?

(Clause 108 agreed to on division)

(On clause 109)

7:45 p.m.

Director General, Sales Tax Division, Tax Policy Branch, Department of Finance

Pierre Mercille

Clause 109 amends the new housing rebate of the GST, or the federal component of the HST. When a new house is purchased, a condition of the rebate specifies that, if there are two names on the title of ownership, those two people must acquire the property for use as a principal residence.

The amendment relaxes that rule. Basically, it makes things simpler. The amendment is very technical but the result is that, if there are two names on the title of ownership, one of those people must acquire the property in order to use it as a principal residence.

7:45 p.m.

Liberal

The Chair Liberal Wayne Easter

Shall clause 109 carry on division?

(Clause 109 agreed to on division)

(On clause 110)

For those who are wondering, we're around page 160. Tamara, you were wondering earlier.