Debates of Dec. 5th, 2023

Veterans Affairs

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The question is on the motion.

If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, we would request a recorded vote, please.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

Pursuant to Standing Order 45, the recorded division stands deferred until later this day, at the expiry of the time provided for Oral Questions.

Governor General

[Julie Vignola, Bloc, Beauport—Limoilou, QC]

Madam Speaker, I rise today to present petition e‑4648, signed by 9,202 people from across Canada. This petition essentially calls for a reduction in the Governor General's expenses and salary and suggests various ways to accomplish that.

Climate Change

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I have two petitions to present today.

The first is with respect to climate change. The most recent report of the Intergovernmental Panel on Climate Change indicates that we are feeling the impacts in Canada today with the increase in floods, wildfires and extreme temperatures.

The petitioners call on the Government of Canada to move forward immediately with bold emissions caps for the oil and gas sector that are comprehensive in scope and realistic in achieving the necessary targets for Canada to reduce its emissions by 2030.

Food Security

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I have a petition that comes from community members in the Kingston, Frontenac, and Lennox and Addington region, in particular, Frontenac Secondary School.

The petitioners are calling to the attention of the government that school food programs are recognized around the world as essential to the health, well-being and education of students. They note that data from Statistics Canada for 2022 indicates that one in four children in Canada lives in a food-insecure household and that Canada is the only G7 country that does not have a national school food program.

They are calling on the Government of Canada, the Minister of Finance, the Minister of Agriculture and Agri-Food and the Minister of Families, Children and Social Development to prioritize funding for a national school food program through budget 2024 and for its implementation in schools by the fall of 2024.

Questions on the Order Paper

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the following questions will be answered today: Nos. 1803, 1808, 1814 to 1820, 1823, 1828, 1829, 1832 to 1835, and 1842 to 1845.

Question No.1803—

[Richard Cannings, NDP, South Okanagan—West Kootenay, BC]

With regard to the Canadian Armed Forces' (CAF) ability to assist with wildfire and emergency response management: (a) what evaluations and assessments of Canadian units and assets have been conducted to determine the CAF’s capability for wildfire and emergency response; (b) what were the findings of any evaluations or assessments in (a); (c) what are the details regarding assets and units that are currently able to respond to and assist with wildfire and emergency response, including the (i) asset type, (ii) asset's use in wildfire management and emergency response, (iii) estimated life cycle of the asset; and (d) what is the total number of CAF members currently trained to assist with wildfires, broken down by unit and training level as defined by the Canadian Interagency Forest Fire Centre?

[Marie-France Lalonde, Liberal, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, Canada’s approach to emergency management is a whole-of-government effort. Provincial and territorial authorities, Indigenous governments, and municipalities are the first to respond when a major natural disaster occurs. They may submit a Request for Federal Assistance, or RFA, to Public Safety Canada, which can ultimately result in the employment of the Canadian Armed Forces, or CAF, when appropriate and as a force of last resort.

With regard to (a) and (b), to ensure readiness and seamless coordination with federal partners, the CAF as well as the broader Defence team, regularly participates in whole-of-government readiness exercises. As with any operation, domestic or international, the CAF also conducts their own lessons learned exercises to help inform their future planning.

Further, and as part of the planning and force generation process, the CAF constantly assesses its assets, resources, and capabilities in order to remain flexible to respond to new priorities and emerging situations. While the CAF have not conducted a specific assessment or evaluation of units and assets regarding wildfire and emergence response, the proposed resources and people allocated towards domestic response are factored into broader planning and examination of the CAF footprint in both a domestic and international context.

With regard to (c) and (d), CAF domestic response deployments fall under Operation Lentus. Operation Lentus follows an established plan of action and can be adapted to multiple situations, such as forest fires, floods, ice storms, or hurricanes. Based on the RFA, the CAF determines how many people to send, and assets to deploy.

All CAF members can be deployed for domestic response under Operation Lentus; however, they must first achieve the requisite trade competencies. Common tasks for members deployed on Operation Lentus include filling, distributing, and placing sandbags, mopping up fires, evacuating people, transporting people, delivering aid to remote communities, helping law enforcement and provincial authorities to get information to the public, checking on residents, and assessing infrastructure.

While the CAF does not have dedicated firefighting assets, it can repurpose capabilities for domestic response. A historical overview of Operation Lentus, including assets deployed, can be found on the National Defence website. In recent years, CAF deployments have ranged anywhere from 60 to 2,600 members, and included the use of military vehicles, aircraft, and a variety of other equipment and capabilities. For example, in August 2023, to help combat wildfires in Northwest Territories, CAF air assets were used for movement of personnel and equipment; evacuation and logistic support; and as firefighting resources. CAF air assets deployed included two CC-130J Hercules, one CC-138 Twin Otter and three CH-146 Griffon.

Ultimately, the CAF will continue to help provincial and local authorities when called upon to ensure the safety of Canadians.

Question No.1808—

[Gabriel Ste-Marie, Bloc, Joliette, QC]

With regard to the initiative in Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, that would implement a temporary enhancement to the GST New Residential Rental Property Rebate in respect of new purpose-built rental housing: (a) what are the details of the opinions and studies, including the (i) date, (ii) summary of the studies, (iii) source of the documents (internal or external to the department), (iv) name of the department or organization that provided the opinion, that led the Minister of Finance and deputy ministers and assistant deputy ministers at the Department of Finance to say that removing the GST would lower the cost of housing; (b) what are the details of the studies and opinions, including the (i) date, (ii) summary of the studies, (iii) source of the documents (internal or external to the department), (iv) name of the department or organization that provided the opinion, that were received by deputy ministers and assistant deputy ministers that support implementing the removal of GST for building rental housing; and (c) what are the details of the opinions and studies in (a) and (b), including the (i) date, (ii) summary of the studies, (iii) source of the documents (internal or external to the department), (iv) name of the department or organization that provided the opinion, that were sent to the Minister of Housing, Infrastructure and Communities and his office?

[Chrystia Freeland, Liberal, Deputy Prime Minister and Minister of Finance]

Mr. Speaker, Bill C 56, the Affordable Housing and Groceries Act, would enhance the goods and services tax, or GST, rental rebate on new rental housing, to incentivize the construction of more apartment buildings, student housing, and senior residences. This enhancement increases the GST rental rebate from 36% to 100% and removes the existing GST rental rebate phase out thresholds for new purpose built rental housing projects.

The measure also removes a restriction in the existing GST rules to ensure that public service bodies such as hospitals, charities, and qualifying nonprofit organizations that build or purchase purpose built rental housing are permitted to claim the 100% GST rental rebate.

The enhanced GST rental rebate would apply to projects that begin construction on or after September 14, 2023, and on or before December 31, 2030, and complete construction by December 31, 2035.

In processing parliamentary returns, the Department of Finance applies the Privacy Act and the principles set out in the Access to Information Act, and certain information has been withheld on the grounds that the information constitutes cabinet confidence.

Question No.1814—

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

With regard to the Canadian Radio-television and Telecommunications Commission’s (CRTC) new registration requirements for online streaming services and content creators: (a) what is the purpose of the registry; (b) for each type of service or creator required to register, what is the CRTC’s rationale for including it in the registry; (c) how did the CRTC come up with the $10 million threshold amount; (d) why did the CRTC create the registry; (e) on what date did the CRTC first notify the Minister of Canadian Heritage that it was going to create the registry; (f) what are the penalties for content creators who meet the threshold for mandatory registration, but do not register; (g) how many entities does the CRTC project will register as part of the registry, broken down by type of entity; (h) what guarantees, if any, will the CRTC provide to ensure that this registry will not expand or become more intrusive at any point in the future; and (i) what privacy protections are in place to ensure that any information provided to the CRTC through the registry is not misused?

[Taleeb Noormohamed, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, with regard to (a), the Broadcasting Act requires the Canadian Radio-television and Telecommunications Commission, or CRTC, to regulate online broadcasting entities. As a first step, the CRTC created the registry to obtain some basic contact information about certain larger services operating in Canada, which will further the CRTC’s understanding of the Canadian online broadcasting landscape and will allow it to communicate with companies if necessary. For additional details, refer to paragraphs 24 and 25 of Broadcasting Regulatory Policy 2023-329.

With regard to (b), the registration requirement does not apply to creators. It applies only to large online services, like Netflix, Crave and Spotify, that earn more than $10 million per year in Canada. This excludes creators, including users who upload content on social media services.

The rationale for including services in the registry is to provide the CRTC with basic information about these services and their broadcasting activities in Canada. For additional details, refer to Broadcasting Regulatory Policy 2023-329.

With regard to (c), the CRTC rendered its decision following a public consultation where stakeholders and Canadians at large participated. The CRTC considered the evidence and determined that a monetary threshold was the clearest way to establish which online undertakings should register. Online services earning less than $10 million per year in Canada will not have to register. For additional details, refer to paragraphs 46 to 115 of Broadcasting Regulatory Policy 2023-329.

With regard to (d), the Broadcasting Act requires the CRTC to regulate online broadcasting entities. As a first step, the CRTC created the registry to obtain some basic contact information about certain larger services operating in Canada, which will further the CRTC’s understanding of the Canadian online broadcasting landscape and will allow it to communicate with companies if necessary. For additional details, refer to paragraphs 24 and 25 of Broadcasting Regulatory Policy 2023-329.

With regard to (e), the CRTC is a quasi-judicial tribunal that operates at arm’s length. The CRTC’s processes are entirely public. The CRTC did not notify the Minister of Canadian Heritage that it was going to create the registry before the issuance of Broadcasting Regulatory Policy CRTC 2023-329.

With regard to (f), content creators are not required to register. The CRTC is focused on developing a regulatory relationship with those entities that have to register.

With regard to (g), large domestic and non-Canadian broadcasting entities will register their services. The CRTC estimates that approximately 50 to 100 services will need to register. These entities will provide some basic information on the types of services offered upon registration.

With regard to (h), registration is a basic information gathering step. Any changes to the registration requirements would be based on a public process in which Canadians and industry stakeholders would be able to participate to share their views.

With regard to (i), the CRTC complies with the federal Privacy Act. Creators are not required to register or provide any information. The public registry of online services would only show basic information concerning these services, such as the company’s name and mailing address.

Question No.1815—

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

With regard to the Canadian Radio-television and Telecommunications Commission’s (CRTC) new registration requirements for online streaming services and content creators: (a) what are the projected setup costs associated with the registry, in total, and broken down by item; (b) what are the anticipated annual costs associated with operating the registry, in total, and broken down by type of expense; and (c) what are the details of all contracts signed to date by the CRTC related to, or which provide any work associated with, the registry, including, for each, the (i) date, (ii) vendor, (iii) amount, (iv) description of the goods or services, (v) manner in which the contract was awarded (sole-sourced, competitive bid)?

[Taleeb Noormohamed, Liberal, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, the Canadian Radio-television and Telecommunications Commission, or CRTC, is a quasi-judicial tribunal that operates at arm’s length. It regulates the broadcasting and telecommunications industries in the public interest. The CRTC makes decisions after broad public consultations and a thorough analysis of the evidence on the public record. Its broadcasting operations are funded through fees collected from the industry.

The CRTC is not registering content creators. Registering large online broadcasting services with revenues of at least $10 million per year will not require new staff or new systems.

With regard to (a), the CRTC has existing staff, processes, and systems in place for registering broadcasting and telecommunications services that will also be used to register online broadcasting undertakings.

With regard to (b), there will be no incremental costs associated with operating the registry.

With regard to (c), there are no contracts in place regarding registration, nor are any planned.

Question No.1816—

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

With regard to the process for bonuses for executives at the Canada Mortgage and Housing Company (CMHC): (a) what is the specific process for determining whether and at what level a bonus is awarded to (i) the president and chief executive officer, (ii) other executives at CMHC; (b) which executives, including the president, require that their bonuses be approved by the Minister of Housing, Infrastructure and Communities; (c) what specific metrics were used to determine the level of the president of CMHC’s bonus in each of the last three years; (d) for each metric in (c), what specific accomplishments were made by the president in order to justify each bonus; (e) what metrics were used to determine the bonus levels of other CMHC executives in each of the last three years; and (f) what specific accomplishments were made by CMHC executives to justify each bonus?

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Housing]

Mr. Speaker, with regard to the process for bonuses for executives at the Canada Mortgage and Housing Company, or CMHC, in answer to (a), (b), (c), and (e), the Guidelines of the Performance Management Program for Chief Executive Officers of Crown Corporations, which are available at https://www.canada.ca/en/privy-council/programs/appointments/governor-council-appointments/performance-management/crown-appointees.html, from the Privy Council Office, Senior Personnel Secretariat outlines the process for determining whether and at what level a performance-based compensation is payable.

In processing parliamentary returns, the government applies the Privacy Act and the principles set out in the Access to Information Act. Information with regard to (d) and (f) has been withheld on the grounds that the information constitutes personal information.

Question No.1817—

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

With regard to the Minister of Housing, Infrastructure and Communities, the Canada Mortgage and Housing Corporation, and all departments and entities the minister is responsible for, broken down by year since January 1, 2016: (a) what was the total amount spent on consulting contracts related to housing; (b) what was the total amount spent on consulting contracts related to the (i) Rapid Housing Initiative, (ii) Housing Accelerator Fund, including the development and implementation; (c) what are the details of each contract in (b)(i) and (b)(ii), including, for each, the (i) date, (ii) vendor, (iii) value, (iv) description of the goods or services, (v) manner in which the contract was awarded (sole-sourced, competitive bid); (d) what are the details of all contracts in (a) worth over $10,000, including, for each, the (i) date, (ii) vendor, (iii) value, (iv) description of the goods or services, (v) manner in which the contract was awarded, (vi) type of consultant; and (e) did any of the consulting contracts in (a) or (b) result in the government receiving a report or recommendations, and, if so, what are the details of each, including the (i) vendor, (ii) date the reports or recommendations were received, (iii) title, (iv) summary of the contents, (v) website where the report is available online?

[Chris Bittle, Liberal, Parliamentary Secretary to the Minister of Housing]

Mr. Speaker, with regard to the Minister of Housing, Infrastructure and Communities, the Canada Mortgage and Housing Corporation, and all departments and entities the minister is responsible for, Infrastructure Canada has nothing to report, the Canada Infrastructure Bank has nothing to report, the Windsor-Detroit Bridge Authority has nothing to report, and Jacques Cartier and Champlain Bridges Incorporated has nothing to report.

The Canada Mortgage and Housing Corporation, or CMHC, undertook an extensive preliminary search in order to determine the amount of information that would fall within the scope of the question and the amount of time that would be required to prepare a comprehensive response. CMHC concluded that producing and validating a comprehensive response to this question is not possible in the time allotted and could lead to the disclosure of incomplete and misleading information.

For contracts over $10,000, CMHC complies with the Treasury Board’s proactive disclosure policy, publishing these contracts on its website. They can be found at https://www.cmhc-schl.gc.ca/en/about-cmhc/corporate-reporting/transparency/procurement.

Question No.1818—

[Melissa Lantsman, Conservative, Thornhill, ON]

With regard to the Canada Revenue Agency (CRA) seeking sensitive information about Canadian businesses from independent online service providers without particular suspicion of non-compliance or confirmed tax obligations: (a) did the CRA begin this practice following any directive from the Minister of National Revenue; (b) if the answer to (a) is affirmative, what was the directive and on what date was it issued; (c) if the answer to (a) is negative, why did the CRA decide to act in such a manner; (d) what specific data protections, if any, beyond routine CRA practices, are in place for the CRA in their request to access sensitive information about Canadian businesses from independent online service providers, to ensure data is maintained and secured against breaches; (e) how many privacy breaches occurred at the CRA during the last year in which statistics are available and how many (i) individuals, (ii) businesses, had their information involved in those breaches; (f) has the Minister of National Revenue provided any directives which permit the CRA to obtain over six years of personal information about Canadian businesses from independent online service providers, and, if so, on what date was the directive issued and what was the directive; (g) if the answer to (f) is negative, why is the CRA conducting such activities; and (h) what specific protections, if any, are in place to ensure the sensitive personal information of businesses, collected by the CRA from independent online service providers, is not used for other purposes?

[Marie-Claude Bibeau, Liberal, Minister of National Revenue]

Mr. Speaker, with respect to the above noted question, what follows is the response from the Canada Revenue Agency, CRA, as of October 16, 2023, the date of the question.

It is important to note that while the CRA strives to provide as fulsome a response as possible, the confidentiality provisions of the acts it administers prevent the CRA from commenting or disclosing taxpayer information.

The CRA has a range of tools to ensure compliance with tax laws and to maintain the integrity of Canada's self-assessment tax system. One of the tools the CRA sometimes uses to address non-compliance and verify reported income is the unnamed persons requirement, UPR. This type of requirement is authorized by the courts and enables the CRA to obtain information from an individual or a company about third parties, whether unnamed person or persons. Additional information on the UPR is provided in the responses below.

With regard to part (a), the CRA did not receive any directive from the Minister of National Revenue to seek information about Canadian businesses from independent online service providers.

Part (b) is not applicable. Please see part (c).

With regard to part (c), as noted in the preamble to this response, the CRA uses various tools to ensure compliance with tax laws and maintain the integrity of Canada's self-assessment tax system.

The CRA only seeks information from third parties in order to verify tax compliance when there is a need for that information in support of the CRA’s mandate. The UPR is one of the tools used to gather information in support of the CRA’s efforts to verify income reported by taxpayers and to ensure they have satisfied their filing obligations under the acts administered by the CRA.

With regard to part (d), the CRA collects information where it is lawful and directly related to compliance activities. Information collected through the UPR process is managed and protected according to the CRA’s standard practices to protect the privacy of personal information.

With regard to part (e), in its tracking system of privacy breaches, the CRA has no records that pertain to the CRA seeking sensitive information about Canadian businesses from independent online service providers without particular suspicion of non-compliance or confirmed tax obligations.

With regard to part (f), the Minister of National Revenue has not issued any directive to obtain over six years of personal information about Canadian businesses from independent online service providers.

With regard to parts (g) and (h), a UPR is a legal document issued by the CRA under subsection 231.2(3) of the Income Tax Act, ITA, requiring a person to provide information regarding a third party person or third party persons who is or are not identified in the authorization. In order to issue a UPR, the CRA must seek judicial authorization from the Federal Court of Canada, FC. The FC will only authorize a UPR if that person or group is ascertainable and the UPR is being issued to verify compliance by the person or persons in the group who have tax obligations under the acts administered by the CRA.

Legislation, such as the Privacy Act and section 241 of the Income Tax Act, governs how information collected through the UPR process is managed. CRA policies and standard practices also protect the privacy of personal information. The CRA collects information when it is lawful and directly related to compliance activities.

In particular, when the CRA collects information through a UPR, the CRA will use the information in accordance with the FC order that authorizes the issuance of the UPR, and in accordance with the relevant provisions of the ITA. The CRA generally uses the information obtained through the UPRs to identify taxpayers who may have failed to comply with their obligations under the ITA and other acts administered by the CRA.

Question No.1819—

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

With regard to the government’s commitment in budget 2022 to provide $28 million to train 1,000 new community-based firefighters: (a) how many firefighters have been trained to date through the program; (b) how much of the $28 million has been spent to date; and (c) what are the details of all expenditures to date?

[Jonathan Wilkinson, Liberal, Minister of Energy and Natural Resources]

Mr. Speaker, to date, a total of 496 firefighters have been trained through the fighting and managing wildfires in a changing climate program’s training fund, and $5,535,637 of the $28 million has been spent in the following cost categories, which are the expenditures: training, working groups and professional development costs and costs to develop training; salaries, benefits and stipends; materials supplies and equipment; travel expenditures; honoraria and ceremonial costs; conference fees; overhead costs or administrative expenses; and capital expenditures such as the purchase, installation, testing and commissioning of qualifying equipment, materials and products, including of equipment for managing wildfire risk.

Question No.1820—

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes—Brock, ON]

With regard to litigation and other legal expenditures involving Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) or Indigenous Services Canada (ISC) since January 1, 2016, broken down by year: (a) what were the total expenditures on (i) outside lawyers or legal advice, (ii) in-house or CIRNAC departmental lawyers, (iii) in-house or ISC departmental lawyers, (iv) Department of Justice Canada lawyers; (b) how many lawyers are represented in each subsection of (a); (c) of the expenditures in (a), what are the number of cases and total expenditures, broken down by standing of the government (plaintiff, defendant, intervenor, etc.); and (d) what are the details of all cases involving government expenditures of over $100,000, including, for each, the (i) case name, (ii) date of the initial court filing, (iii) current status of the case, including the result, if applicable, (iv) total expenditures to date?

[James Maloney, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, until recently, Crown-Indigenous Relations and Northern Affairs Canada, CIRNAC, and Indigenous Services Canada, ISC, were part of the same department. In 2019, the Department of Indigenous and Northern Affairs Canada split to create the separate departments of CIRNAC and ISC. Consequently, in this reply, reports are combined for CIRNAC and ISC, as some litigation files have both ISC and CIRNAC as clients.

With regard to litigation and other legal expenditures involving CIRNAC or ISC since January 1, 2016, to the extent that the information requested is or may be protected by any legal privileges, including solicitor-client privilege, the federal Crown asserts those privileges. In this case, it has only waived solicitor-client privilege, and only to the extent of revealing total expenditures and the total number of claims as defined below.

Regarding litigation and other legal expenditures from January 1, 2016, to October 16, 2023, the combined total for CIRNAC and ISC is approximately $349.6 million.

The above-mentioned legal costs or expenditures are with respect to legal services provided by the Department of Justice, as well as legal agent costs. To note, Department of Justice lawyers, notaries and paralegals are salaried public servants and therefore no legal fees are incurred for their services. These legal professionals work together as integrated teams across the national litigation sector and departmental legal services units to support the Minister of Justice and Attorney General in representing the Government of Canada in litigation. However, a “notional amount” can be provided to account for the legal services they provide, calculated by multiplying the total hours recorded in the responsive files for the relevant period by the legal services hourly rates approved by the Treasury Board of Canada. File-related legal disbursements and other legal expenditures are not included in the above calculation.

The total amount mentioned in this response is based on information contained in Department of Justice systems, as of October 16, 2023.

There have been approximately 4,903 legal claims involving ISC and/or CIRNAC from January 1, 2016, to October 16, 2023. Examples of legal claims include actions, class actions, judicial review applications, specific claims and coroner’s inquests. Some of these claims were commenced before 2016 and continued into the relevant time period.

The vast majority of these files, approximately 86%, have not been initiated by the Crown, and the Crown has acted as defendant or respondent in these files.

There are currently approximately 532 legal claims with expenditures over $100,000 involving CIRNAC and/or ISC. The total internal legal cost on these legal claims is $298.6 million, excluding disbursements and legal agent costs.