Mr. Speaker, to show support for my colleague following that last question from the government, I would like to say that we on this side will always oppose omnibus bills that directly attack the economies of our regions or certain segments of the population, even though an omnibus bill may contain some decent measures. There are always negative measures and, unfortunately, they overshadow the rest.
I am pleased to speak to Bill C-48, An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation.
Generally speaking, bills should not be this lengthy. But since it should have been introduced years ago, we can understand why it is so large. It contains amendments that should have been made long ago and that must be made now.
I would like to congratulate the minister on finally introducing this bill, given that the last time Parliament passed a technical tax bill was in 2001. I believe we can say that this is long overdue.
In her 2009 fall report, the Auditor General at the time, Sheila Fraser, said this:
No income tax technical bill has been passed since 2001. Although the government has said that an annual technical bill of routine housekeeping amendments to the Act is desirable, this has not happened. As a result, the Department of Finance Canada has a backlog of at least 400 technical amendments that have not been enacted, including 250 “comfort letters” dating back to 1998, recommending changes that have not been legislated.
How is it that the last technical tax bill was passed in 2001, when the government acknowledged the need to introduce such a bill every year? Perhaps those were simply meaningless words from the minister. It happens all the time with bills. This is not the first time this sort of thing has happened with a bill.
A few months after he came to the position, the Minister of Finance introduced the first version of a bill to make technical reforms to the tax system. I say “introduced” rather than “enacted” for a reason.
It was not possible to enact that bill, and not because it had not gone through all the necessary steps in the House; rather, it was because the government decided to throw everything out and prorogue the first session of the 39th Parliament, in 2007. The bill was reintroduced, but it must be noted that two elections and three prorogations later, no legislation has yet been enacted.
It is all very well to recognize that a bill like Bill C-48 needs to be introduced every year, but let us not forget to pass it. Let us hope that in the case of this bill, the Conservatives are not preparing us for another prorogation.
Bill C-48 implements about 200 technical amendments to the tax system, spread over more than a decade. It is therefore essential that we pass it, because ultimately, these changes to the system will have a positive impact on revenues and will deter tax avoidance.
We in the New Democrats have long spoken out against tax avoidance, unlike former governments. We believe that we must fight tax avoidance and tax evasion, while preserving the integrity of our tax system. For that reason, I will be supporting the changes made by this bill. It does not solve everything and we will have to do more to deal with tax evasion, but this kind of bill needs to be passed.
I would now like to talk about how thick Bill C-48 is. In the last year and a half, we have learned how fond the Conservatives are of giving us a lot to read. But they do not give us figures, testimony, scientific studies or exhaustive data to read—just a lot of different laws in a single omnibus bill.
It is not reasonable for one bill to lead to so many changes to so many laws. For once, at least, the laws are closely connected. I will therefore not accuse the minister of putting everything but the kitchen sink into one bill, this time.
I simply want him to understand that if he had done his job properly and each year we had passed a bill like this one, we would not be having to consider a brick like this. The work of Parliament would then be much more effective, and more importantly, much more transparent, not to mention the fact that we would have a good administrator for a government. This government is unfortunately proving that the opposite is true.
The massive size of the bill proves that there is still much work to be done in order to transpose these kinds of technical changes into legislation. If the job is not done, it will penalize the business community and complicate the process of the evaluation that Parliament must do.
However, I would like to reassure the minister: he is not the only one to blame. He did introduce a similar bill in the past, but we might say that his boss did not think it important enough to be passed. He preferred to keep opening Parliament and shutting it down.
It is difficult for a bill of this magnitude to get through the whole legislative process. We must not forget that the Liberals are also partly responsible. They were in power for the first five years after the last such bill was passed in 2001. What is more, some Department of Finance comfort letters date back to 1998. I am not an accounting expert, but according to my calculations, fifteen years have passed since 1998. The government should have been doing this work regularly every year for a long time now.
There were also warnings when the Liberal government was in power. For example, Marlene Legare, former senior chief of the sales tax division of the Department of Finance, said the following when she appeared before the Standing Senate Committee on Banking, Trade and Commerce on September 20, 2000:
Until now, the choice has probably been more in favour of combining measures so as to put forward fewer bills. I think the lesson that we learned from this experience is that it may be preferable to change the balance somewhat. That may mean putting forward smaller bills which would contain measures that would be enacted on a more timely basis.
Yet, here we are 12 years after the most recent technical bill. The idea of a greater number of “smaller bills” does not apply here. At this very moment, as we debate this bill, there are still 200 more changes announced in comfort letters, which are agreements approved by Parliament. As everyone knows, in Canada, Parliament passes laws. That is the case even though we sometimes get the impression that some people would prefer that it be done another way.
Bill C-48 contains a number of positive changes. I would like to mention three changes that have not yet been pointed out by the government. First, some income tax restrictions have been removed to help labour-sponsored venture capital corporations address transition issues resulting from the elimination of the support program for such corporations.
Second, the formula for allocating the taxable income of air transportation companies has been changed to ensure that the income generated by taxing these companies is allocated to the provinces and territories where the company is permanently located.
Finally, there is the implementation of a measure concerning the tax treatment of shares held by short-term residents, for the purposes of the air transportation tax, according to the comfort letters dated 2003 and 2007. The bill is not a step in the wrong direction. I simply want the minister to understand that in the future, it should not take so long to get this through.
To conclude my speech, I would like to quote Denis St.-Pierre, chair of the tax and fiscal policy advisory group of the Certified General Accountants Association of Canada:
First, the government must introduce a technical tax amendments bill. The last time a technical tax bill was passed by Parliament was over 11 years ago. Literally hundreds of unlegislated tax amendments to the Income Tax Act—which I showed this committee last year by bringing the Income Tax Act, if you recall—have been proposed, but not yet enacted, which brings uncertainty and unpredictability to the process. Second, we strongly feel that implementing a sunset provision would ensure that tax amendments are legislated...
He went on to say that it was necessary and healthy for our economy to introduce amendments annually or on a regular basis.