Madam Speaker, I have just a few words on this motion put forward by the Bloc. In looking at this motion, I think it is first, a condemnation of the Tories and second, a condemnation of the Bloc itself. I say that because what the Bloc is talking about are family trusts.
Bloc members are talking about family trusts and trying to blame the Liberal government for a report given by the finance committee. Where they are wrong is in their accusations against the Liberal government. It was the Liberal government that brought in the capital gains tax on family trusts. It was the Liberal government that brought in the rule that would supposedly close the loophole created by forming a trust because a trust does not die. This was the problem facing Canada back in 1971. Prior to that, we had the inheritance tax in Canada. We had the estate tax in Canada, as in the United States today. It also has the capital gains tax.
We had the inheritance tax and the estate tax in Canada and along came a royal commission that recommended substantial changes, the Carter commission, but those recommendations were not followed at the time. I wish some of them had been but they were not. The Liberal government at that time brought in a capital gains tax that would affect family trusts at half the normal taxation rate of income.
When that was brought in a problem came up, as it always does when one changes the law. There were ways around it, especially for paying taxes. The way was found around it by putting assets in trust so that when somebody died you would not have to pay the normal capital gains tax that was imposed by the Government of Canada in 1971.
At that time the Liberal government, in order to close the loophole, said that at the end of 21 years, regardless, the taxes that would normally have been paid on the increased value of the assets would then become due in 21 years. That was during the Liberal administration, to close the loophole of wealthy people being able to hire very expensive law firms and accounting firms to get around the tax law.
What happened? For 21 years assets had been put into a trust. On January 1, 1972 the new law came into effect and all of a sudden we are now in 1992, and guess what? That money would now be owed to the Government of Canada. It was estimated to be in the hundreds of millions of dollars.
I and other members of the opposition went through access to information and we discovered that expensive consultants were hired during the Tory regime to try and convince the government to lift that 21-year rule that the Liberals brought in, to make everybody pay up.
In looking at the correspondence to the then ministers of finance of the Tory government, you could see that a man who had $100 million in trust was going to have to pay $11 million in 1992. Another man who had $200 million might be liable for $15 million; another man with $70 million was going to have to pay $7 million. They were pleading with the Tory government: "Don't let this happen. I do not want to have to pay all this money. After all I only have $100 million". It almost made you want to cry. This was in letter after letter after letter.
Then came the consulting firms. We also received the surveys that were done by the consulting firms. I will not mention their names because if I do perhaps it will give them more business because they were very successful in changing the mind of the government of the day.
The problem became, what could somebody do with a family trust, with this magic 21 years coming up and the taxes having to be paid? Could it be rolled over? An anti-avoidance rule was brought it. A person had to go before a judge and prove that it was not being done to avoid taxes. All of these rules were there to prevent it from being done.
It is in that setting that we discuss these family trusts. A great many of them did not mind paying the taxes. From the documents that we received at that time from access to information some were quite willing to pay the tax. I recall one gentleman who owed $12 million writing to the agency that was trying to change the law saying: "I have to pay $12 million but there is no problem".
In 1985 the government of the day made a decision. The government has to be held responsible for what bureaucrats do. If the Department of Finance and Revenue Canada do something, the ministers and the government are held responsible. A decision was made.
In 1991 they moved $2.2 billion in this one instance across the border to the United States. If the purpose was to escape the 21-year rule, which I do not know if it was but I rather suspect it was not, they should not have worried at that time. They should not have worried because we had a government in power which, as sure as you are sitting there, Madam Speaker, was going to change the rules so that all of this money would not become due. That is the Tory way of doing things.
The Tories always supported, as the Reform Party does, the very wealthy in our society, the people who have loads of money and the people who they identify as keeping the economy moving.
A change was made. The change I am talking about took place on December 23, 1991. A couple of weeks later they actually removed the 21-year rule. In other words, all of these family trusts were supposed to pay taxes after 21 years. A decision of the Government of Canada said that all of this money which would have become due after 21 years would not become due until the death of the youngest member of the family.
That was the Tory government, the same Tory party that is trying now to regain power in Canada. They want to become popular across the country again, that same Tory party with those same Tory principles, the same as the Reform. Some people say the Reform Party is worse.
The Tory party said: "All of that money is not going to come due now which the Liberals proclaimed". The Liberals closed the loophole. The Trudeau administration brought it in. All taxes that are avoided will come due in 21 years. That is why it was called the 21-year rule.
At the last moment the Mulroney administration gave a reprieve. They said: "Oh, no, you won't have to pay up". At the last minute in 1992 they said: "It's okay. You won't have to pay up because we are going to bring in a tax change and we are going to change it so that the money will not become due until the death of the youngest person in the family".
The Tories were replaced by the Liberals. In the debate before the House today the Bloc say it pertains to family trusts. What did the Liberals do when they got in? It was the Liberals who closed the loophole. Along came the current finance minister and he changed the law again. The door that was opened up by the Tories has been closed. The Liberals said: "You won't be able to do that any more. We are going to give you a few years until 1999 but at the end of that, no more".
The Bloc stands in this Chamber on a motion and criticize the Liberals for creating loopholes on family trusts. It was the Liberals who closed them. It is this Liberal government and this Minister of Finance who have once again closed the family trust loophole.
The second portion of the motion is an outright condemnation of the Bloc. The reason it is a condemnation of the Bloc is because that party is supposed to be the official opposition in the House of Commons. I am not supposed to be. Liberal backbenchers are not supposed to be. We have had, on occasion, to delve into the facts to take the place of the official opposition. Why did we have to do that?
The Bloc's motion talks about condemning the Liberals for something which the finance committee suggested. It condemns the Liberals for the tax free transfers of family trusts when it was the Liberals that closed all the loopholes. The Bloc is condemning the Liberals for what the Tories did and what the Tories would do again if they ever got back into power. If the Reform Party got into power the same thing would happen.
What did the Bloc do? I have gone over the record of that political party just to see the way it has treated the transfer of hundreds of millions and possibly billions of dollars every year. The Bloc claims that the Liberals opened the doors. It is an absolute total outrage.
What did the Bloc say about the transfer of funds across the border into the United States?
The Liberals took action on the transfer of $2.2 billion, which involved, as the auditor general said, secrecy. There was secrecy in Revenue Canada on the rulings. Let us not forget that if the ruling in 1985 had become public the tax auditors and the tax lawyers would have been on to it and all of a sudden Revenue Canada and the Government of Canada would probably have realized they had a problem.
What did the current minister for Revenue Canada do? First, she said that rulings will be made public. What did the finance minister do? The finance minister closed the loophole again, just as the Liberals had closed it before the Tories opened it up again.
We had a response from the finance minister. He is perhaps the greatest finance minister in the history of the country. The minister for Revenue Canada is doing a fantastic job. They responded in concrete ways. Not only that, I understand that there are perhaps even further measures going to be taken to ensure that this will not happen again.
There are two sides to the argument. People talk about the transfer of money across borders. It is the thing to talk about these days. The borders are opening up. Barriers are being dropped. Withholding taxes are disappearing, at least between certain nations in the industrialized world. We are into globalization. We are into a situation in which multinationals control over half of the trade in our world today. What we are doing is removing barriers.
What did the Bloc members say when the United States received what it wanted through the Senate banking committee? What did Bloc members say about the announcement on the withholding tax on dividends, that is, the payment from subsidiaries to their parent companies in the United States and from subsidiaries in the United States to their parent companies in Canada-not many of them, most of it goes the other way.
What did Bloc members say when the tax rate was dropped by 50 per cent, amounting to about $700 million? They said the same thing to that as they said to the other proposition that was in the same agreement which said that the tax on interest gained would be dropped from 15 per cent to 10 per cent. The tax on royalties, even copyright royalties would be bifurcated so that they could be dealt with individually.
What did they say with that great loss of revenue? The Bloc said: "It does not specify how many millions and billions of dollars are at stake in this protocol. We do not know which country, Canada or the United States, will benefit the most from this tax liberalization proposal. We do not know, but we support it".
What did Bloc members say when the Americans wanted, and we changed, the estate tax relief that was granted to a wealthy person in Canada who had property in the United States including stocks and bonds through a Canadian bond agency? What did the Bloc say when the suggestion was made that a tax credit would be given in Canada for somebody if they had a billion dollars worth of property in the U.S. and were subjected to the U.S. inheritance tax, estate tax?
What did they say? I have it here. The Bloc said: "We are proud and happy to participate in this development in supporting this Senate proposal because it goes in the direction that we have always advocated. The only way to live side by side is to support legislation that will make more harmonious relations between the two nations".
I will conclude. The Bloc members are frustrated. What are they frustrated about? They are frustrated about the popularity of this Liberal government. They are frustrated because we are the best performing economy in the industrialized world.