Phil McColeman

[Korean War Veteran, March 5th, 2013]

Mr. Speaker, 2013 marks the 60th anniversary of the Korean war armistice and the year of the Korean veteran. Therefore, it is fitting that I rise to share the story of Private Robert Clark from Brantford, a soldier described as a keen and conscientious man who was not afraid of work and exhibited leadership qualities. He lost his life in Korea.

Ben Clark, his brother, recently learned a great deal about Robert, so when a friend visited South Korea, Ben asked him to take a picture of his brother's gravesite. However, the photograph showed an error in the age displayed on the tombstone. The thought of his brother's tombstone being wrong for so long just did not seem right, and Ben was determined to do something about it.

Thankfully, working with my staff, the tombstone has been corrected and a small piece of justice for the memory of Private Clark has been achieved.

Across Canada, there are untold stories to be heard, fleeting memories to preserve and opportunities to pay tribute. We thank the Clarks for doing just that and for helping to ensure that another piece of our national history is never forgotten.

[Disability Tax Credit Promoters Restrictions Act, March 4th, 2013]

Mr. Speaker, I am thrilled to stand today in support of this important legislation. I want to thank and compliment my friend from Renfrew—Nipissing—Pembroke for undertaking the initiative, which aims to reverse a trend that has seen a vulnerable segment of our society, Canadians with disabilities, increasingly taken advantage of. It is a phenomenon that has left many Canadians rightly outraged.

The disability tax credit, or DTC, for short, is a non-refundable tax credit. It reduces the amount of income tax that either individuals with disabilities or those who support them have to pay. People who qualify for the credit must have a severe and prolonged impairment of mental or physical function as defined by the Income Tax Act and as certified by a qualified practitioner. This means that they must be unable to perform one or more of the basic activities of daily living, even with therapy and the use of appropriate devices and medication. Basic activities of daily living include things like speaking, hearing or eating.

Parliament brought in this tax credit recognizing that Canadians with disabilities face particular financial challenges for which they should receive tax relief. The maximum federal amount that could be claimed last year was $7,341, resulting in tax savings of up to $1,101 for the tax year 2011. The credit will be worth even more when people file their taxes this year. In 2012, federal tax savings will be up to $1,792 for a child under the age of 18 and $1,132 for remaining eligible individuals, or their supporting families, when they file their tax returns. A corresponding credit is also available for the calculation of provincial tax.

For the one in five Canadians with disabilities living on low incomes, this tax saving can make a major difference in the quality of their lives. We should not forget that people with disabilities are often seniors. It was shocking to learn that some of these individuals were being asked for and charged 20%, 30% or as much as 40% of the tax credit owing to them. That amounts to over $20 million a year earmarked for people with disabilities that instead goes to the private sector promoters that help to prepare their claims.

These fees are being paid to promoters to complete part A, the first step in the application process to obtain a disability tax credit certificate. There is usually no need to get outside help to fill out this paperwork. Either the individual applying or someone in his or her family can generally complete it without assistance. If someone does need help filling out the forms, the CRA's call centre employees provide assistance by phone. Of course, this service is provided free of charge.

Once this step is out of the way, the applicant has a qualified health practitioner complete part B. After the form is filled out, it needs to be submitted to the CRA, which determines if the person is eligible for the tax credit, based on the information supplied by the medical practitioner. If the CRA concludes that the person qualifies, he or she only needs to include the disability amount on his or her income tax return. That is all there is to it.

Bear in mind that the CRA receives, on average, 200,000 new disability tax credit applications per year. It is estimated that roughly 9,000 of these requests are received from taxpayers who use the services of a disability tax credit promoter. Consider that last year alone, $800 million in credits were issued. That is a lot of money, money intended to help the person with a disability, not a promoter.

If adopted, Bill C-462 would restrict the fees that can charged for or accepted by promoters preparing a DTC application on behalf of someone with a disability.

A maximum fee will be established, and anyone who fails to respect this fee will face penalties. A minimum penalty of $1,000 would apply when the maximum fee is exceeded. Just what the maximum fee should be will be determined following public consultations.

The bill also introduces a requirement that promoters notify the CRA when more than the maximum fees have been charged. Failure to inform the agency when an excess fee is charged would be an offence, and the promoter would be liable to a $1,000 to $25,000 charge. These provisions would come into force on a day to be fixed by the order of the Governor in Council, at which time the proposed maximum fee would be made public.

I remind the House that our government offers a very generous range of tax credits and benefits for Canadians with disabilities. These include the child disability benefit, a portion of the working income tax benefit and certain expenses eligible for the medical expense tax credit, among others. These valuable tax credits are among the many ways we are advancing our government's economic action plan, a plan for jobs, growth and prosperity, which is working for Canadians even as they face challenging times.

I want to be clear. This is not an attempt to crack down on the individuals legitimately claiming the credit or an attempt to deny anyone's claims. On the contrary, Bill C-462 is meant simply to make sure that those who qualify for the tax credit are able to receive it without paying unfair charges.

I want to be equally clear. Our goal is not to hinder businesses that operate above board. We believe firmly in a fair and functioning marketplace. We recognize that there are legitimate businesses, doing good tax preparation work, that are charging reasonable fees. The new provisions in Bill C-462 would apply only to those who take advantage of Canadians with disabilities by taking a huge cut of the tax credit they are due. We want to be sure that the price Canadians with disabilities pay for these services reflects the real value of the services they receive.

Tax discounters are guided by the Tax Rebate Discounting Act, and the fees they can charge for their services are capped. Tax professionals also have organizations that promote ethics and peer review of business practices. Once this act becomes law, the same standard of professionalism would apply to currently unregulated promoters that offer their services related to the disability tax credit, because we expect the same level of accountability and assurance of fairness for people with disabilities that all other Canadians enjoy.

This is a necessary and worthy step and is legislation that deserves the unanimous support of the House.

[Disability Tax Credit Promoters Restrictions Act, February 5th, 2013]

Mr. Speaker, first, I want to commend my colleague for introducing this bill.

Many of the people in Parliament have spent a lot of time with persons with disabilities. We quickly realize they are the most vulnerable. This bill drives at protecting and ensuring the most vulnerable are not taken advantage of, and I commend her that.

My question has to do with the services she provides in her constituency offices, without, I would think, any additional staff than would normally be in an office. How many constituents avail themselves of that service?

[Workplace Safety, January 29th, 2013]

Mr. Speaker, each year at this time we hear stories of workers losing their life in a workplace accident due to winter conditions. Such tragedies exemplify that as much as snow and ice bring joy to sports fans and outdoors enthusiasts, these same conditions present a real danger for workers.

Would the Minister of Labour provide the House with an update on the government's efforts to ensure that workers return home safely at the end of their workday?

[The Economy, December 11th, 2012]

Mr. Speaker, the Canadian economy is on the right track.

Just yesterday, Standard and Poor's stated that Canadian authorities have a strong track record in managing economic and financial crises and delivering economic growth. Standard & Poor's also stated that Canadian governments have demonstrated an ability and willingness to implement reforms to ensure sustainable public finances over the long term.

Our Conservative government remains squarely focused on what matters to Canadians: jobs, economic growth and our long-term prosperity. On the other hand, the NDP is working to impose a job-killing carbon tax on Canadians that would raise the price of gas, food, electricity and everything else. Such a tax would be devastating for our economy and for Canadian families.

Canadians made the right choice by electing our strong Conservative government.

[Business of Supply, December 10th, 2012]

Mr. Speaker, when this deal was first considered, there was an existing set of regulations, rules and guidelines. It is called the Investment Canada Act. As I said earlier, the net benefit test is outlined in that act in section 20. I would ask the member to familiarize herself with the act as to how the net benefit test was applied.

[Business of Supply, December 10th, 2012]

Mr. Speaker, I respect the member's comments but, again, they are not reflective of the global environment in which we live today. Of course we have trade numbers that are affected greatly by our largest trading partner to the south which is going through a downturn like it has never seen before.

The member's comments also surprise me because of his knowledge of the agricultural sector. In my riding of Brant, the agricultural sector has benefited hugely, especially the pork producers. The actual prices of commodities in agriculture have risen largely because of our efforts in developing new markets across the world through our free trade arrangements.

The two propositions by the member need to be in context of the global environment, which, obviously, he is not paying attention to.

[Business of Supply, December 10th, 2012]

Mr. Speaker, I thank the member for his question but the background to his question is absolutely misleading. Obviously, in terms of the premise of the question to begin with, it is completely false. It is difficult to answer the question when the member is saying that no guidelines were applied.

We know for a fact that there are specific guidelines in the Investment Canada Act right now that sit on six basic factors as listed in section 20 of the act in which the minister administers a net benefit test. They are outlined in the act but the opposition chooses not to recognize or perhaps not even pay attention to them. However, to come into the House and suggest that there were no guidelines or rules in place, and that we had not enhanced them through the 2007 and 2009 amendments, is absolutely erroneous.

[Business of Supply, December 10th, 2012]

Mr. Speaker, I am pleased to address this motion given how much our government has been doing to stand up for Canadian interests in the global economic context.

I cannot stress enough how important trade and investment are to Canada's continued prosperity. Canada is a market economy that supports the global exchange of goods and services. Our market-based system has promoted the well-being and prosperity of our citizens and our international partners.

The integration of our domestic economy into the global marketplace has resulted in a dynamic economy, with growth and employment rates that are the envy of the world. Our integrated economy reflects shifts in global demand and supply, particularly in our world-leading natural resource sector. In fact, foreign investment in Canada's natural resource sector has nearly doubled in the past decade.

In response to this change in the investment landscape, the government has clarified the administration of the Investment Canada Act, the ICA, to better reflect the current economic context. This is essential for creating a transparent, stable and predictable investment environment for foreign investors and Canadian businesses.

An increasing amount of foreign investment in Canada's natural resource sector has come from foreign SOE's. These state-controlled entities account for a rapidly increasing amount of foreign investment flows, capital flows, around the world. For example, sovereign wealth funds, a type of SOE, reportedly holds over $5 trillion in global assets and made over $100 billion in global investments in 2000 alone.

To address inherent concerns regarding the influence of foreign states in Canada's market-based economy, the government has stressed that the following three areas will be closely examined with regard to SOE investments: first, the degree of control or influence an SOE would likely exert on the Canadian business that is being acquired; second, the degree of control or influence an SOE would likely exert on the industry in which the Canadian business operates and; third, the extent to which a foreign state is likely to exercise control or influence over the SOE acquiring the Canadian business.

The government has also highlighted that the burden of proof is on foreign SOE investors to demonstrate that their investment is commercially oriented, free from political influence and adheres to Canadian laws.

The government has also emphasized the need for foreign SOE investors to promote sound corporate governance and transparency, and demonstrate that they will make positive contributions to the productivity and industrial efficiency of a Canadian business. These principles have all been reinforced through revisions to the SOE guidelines and the related undertakings offered by foreign investors.

The government will also be promoting Canadian interests by improving the ICA national security review process. Specifically, we will be introducing legislative amendments to allow for the extension of national security reviews where required. As indicated by the Prime Minister last Friday, this allows the government to take the time required to ensure foreign investments are not injurious to the national security of Canadians.

Finally, in line with the government's belief that market-based foreign investment benefits Canadians, we will implement our commitment to increase the ICA net benefit review threshold to $1 billion in enterprise value for privately owned investors. This change, which was passed by Parliament in 2009, will focus net benefit reviews on only the most significant private sector transactions.

The government has also been working with stakeholders to carefully define the concept of enterprise value in the related regulations to bring these changes into force. Enterprise value better reflects the market value of a business, and so better captures the increasing importance of the service and knowledge-based industries in our economy.

However, in line with the government's concerns regarding increased levels of foreign SOE investments, we will be introducing the necessary legislative and regulatory amendments to maintain the current $330 million asset value threshold for foreign SOE investments.

These changes will maintain the government's ability to protect Canada's economic interests and our national security. The ICA national security provisions apply to a broader set of foreign investments, including those below all of the relevant net benefit review thresholds. In short, the government has clarified Canada's foreign investment review framework with particular focus on foreign SOE investment.

As emphasized by the Prime Minister, Canadians did not spend years reducing the ownership of sectors of the economy by our own governments only to see them bought and controlled by foreign governments. The government encourages foreign investment in Canada but it must be investment that promotes and sustains our free enterprise-based economy.

Canada's clear and rigorous foreign investment framework, coupled with the most ambitious trade expansion plan in our country's history, ensures that our economy will continue to grow, diversify and prosper.

[Petitions, November 5th, 2012]

Mr. Speaker, I am pleased today to present this petition from constituents in my riding who are asking that the House of Commons pass C-398, without significant amendment, to facilitate the immediate flow of generic medicines to developed countries.