Budget Implementation Act, 2008

An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 enacts a number of income tax measures proposed in the February 26, 2008 Budget. In particular, it
(a) introduces the new Tax-Free Savings Account, effective for the 2009 and subsequent taxation years;
(b) extends by 10 years the maximum number of years during which a Registered Education Savings Plan may be open and accept contributions and provides a six-month grace period for making educational assistance payments, generally effective for the 2008 and subsequent taxation years;
(c) increases the amount of the Northern Residents Deduction, effective for the 2008 and subsequent taxation years;
(d) extends the application of the Medical Expense Tax Credit to certain devices and expenses and better targets the requirement that eligible medications must require a prescription by an eligible medical practitioner, generally effective for the 2008 and subsequent taxation years;
(e) amends the provisions relating to Registered Disability Savings Plans so that the rule forcing the mandatory collapse of a plan be invoked only where the beneficiary’s condition has factually improved to the extent that the beneficiary no longer qualifies for the disability tax credit, effective for the 2008 and subsequent taxation years;
(f) extends by one year the Mineral Exploration Tax Credit;
(g) extends the capital gains tax exemption for certain gifts of listed securities to also apply in respect of certain exchangeable shares and partnership interests, effective for gifts made on or after February 26, 2008;
(h) adjusts the rate of the Dividend Tax Credit to reflect corporate income tax rate reductions, beginning in 2010;
(i) increases the benefits available under the Scientific Research and Experimental Development Program, generally effective for taxation years that end on or after February 26, 2008;
(j) amends the penalty for failures to remit source deductions when due in order to better reflect the degree to which the remittances are late, and excuses early remittances from the mandatory financial institution remittance rules, effective for remittances due on or after February 26, 2008;
(k) reduces the paper burden associated with dispositions by non-residents of certain treaty-protected property, effective for dispositions that occur after 2008;
(l) ensures that the enhanced tax incentive for Donations of Medicines is properly targeted, effective for gifts made after June, 2008; and
(m) modifies the provincial component of the SIFT tax to better reflect actual provincial tax rates, effective for the 2009 and subsequent taxation years.
Part 1 also implements income tax measures to preserve the fiscal plan as set out in the February 26, 2008 Budget.
Part 2 amends the Excise Act, the Excise Act, 2001 and the Customs Tariff to implement measures aimed at improving tobacco tax enforcement and compliance, adjusting excise duties on tobacco sticks and on tobacco for duty-free markets and equalizing the excise treatment of imitation spirits and other spirits.
Part 3 implements goods and services tax and harmonized sales tax (GST/HST) measures proposed or referenced in the February 26, 2008 Budget. It amends the Excise Tax Act to expand the list of zero-rated medical and assistive devices and to ensure that all supplies of drugs sold to final consumers under prescription are zero-rated. It also amends that Act to exempt all nursing services rendered within a nurse-patient relationship, prescribed health care services ordered by an authorized registered nurse and, if certain conditions are met, a service of training that is specially designed to assist individuals in coping with the effects of their disorder or disability. It further amends that Act to ensure that a variety of professional health services maintain their GST/HST exempt status if those services are rendered by a health professional through a corporation. Additional amendments to that Act clarify the GST/HST treatment of long-term residential care facilities. Those amendments are intended to ensure that the GST New Residential Rental Property Rebate is available, and the GST/HST exempt treatment for residential leases and sales of used residential rental buildings applies, to long-term residential care facilities on a prospective basis and on past transactions if certain circumstances exist. This Part also makes amendments to relieve the GST/HST on most lease payments for land on which wind or solar power equipment used to generate electricity is situated.
Part 4 dissolves the Canada Millennium Scholarship Foundation, provides for the Foundation to fulfill certain obligations and deposit its remaining assets in the Consolidated Revenue Fund, and repeals Part 1 of the Budget Implementation Act, 1998. It also makes consequential amendments to other Acts.
Part 5 amends the Canada Student Financial Assistance Act and the Canada Student Loans Act to implement measures concerning financial assistance for students, including the following:
(a) authorizing the establishment and operation, by regulation, of electronic systems to allow on-line services to be offered to students;
(b) providing for the establishment and operation, by regulation, of a program to provide for the repayment of student loans for classes of borrowers who are encountering financial difficulties;
(c) allowing part-time students to defer their student loan payments for as long as they continue to be students, and providing, by regulation, for other circumstances in which student loan payments may be deferred; and
(d) allowing the Minister of Human Resources and Skills Development to take remedial action if any error is made in the administration of the two Acts and in certain cases, to waive requirements imposed on students to avoid undue hardship to them.
Part 6 amends the Immigration and Refugee Protection Act to authorize the Minister of Citizenship and Immigration to give instructions with respect to the processing of certain applications and requests in order to support the attainment of the immigration goals established by the Government of Canada.
Part 7 enacts the Canada Employment Insurance Financing Board Act. The mandate of the Board is to set the Employment Insurance premium rate and to manage a financial reserve. That Part also amends the Employment Insurance Act and makes consequential amendments to other Acts.
Part 8 authorizes payments to be made out of the Consolidated Revenue Fund for the recruitment of front line police officers, capital investment in public transit infrastructure and carbon capture and storage. It also authorizes Canada Social Transfer transition protection payments.
Part 9 authorizes payments to be made out of the Consolidated Revenue Fund to Genome Canada, the Mental Health Commission of Canada, The Gairdner Foundation and the University of Calgary.
Part 10 amends various Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-50s:

C-50 (2023) Law Canadian Sustainable Jobs Act
C-50 (2017) Law An Act to amend the Canada Elections Act (political financing)
C-50 (2014) Citizen Voting Act
C-50 (2012) Law Appropriation Act No. 4, 2012-13

Votes

June 9, 2008 Passed That the Bill be now read a third time and do pass.
June 2, 2008 Passed That Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, be concurred in at report stage.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 121.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 116.
April 10, 2008 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
April 10, 2008 Passed That this question be now put.
April 9, 2008 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House declines to give second reading to Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, since the principles of the Bill relating to immigration fail to recognize that all immigration applicants should be treated fairly and transparently, and also fail to recognize that family reunification builds economically vibrant, inclusive and healthy communities and therefore should be an essential priority in all immigration matters”.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 12:50 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, certainly we have a very unified position in this party about this bill and about the need to remove these onerous provisions from it.

I want to speak about the backlog of applicants. Is it the reality that there is no backlog for student visas, temporary resident visas and temporary foreign workers visas In Canada? Will Bill C-50 take away the rights of these applicants to be given a visa even when they meet all the qualifications?

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 12:50 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, if we look at the backlog that the government claims the bill will deal with and we look at these provisions in the budget and Bill C-50, it will not help anyone who is presently here. In fact, the government has admitted that.

The government says there is a backlog of 925,000. Earlier today it was calculated at close to a billion, but I understand that was corrected. We are talking about a backlog of close to 925,000 people. The government says that is the case and we will take the government at its word on that. The legislative changes will only affect applications submitted after February 27, 2008. It will have absolutely no effect, zero effect, on the backlog of 925,000.

Not only does this bill not help the people it purports to help, but the government has a problem with acknowledging there is a backlog and it is bringing in these changes to streamline the system. The government should have consulted with the people who know about the system and who work in the system every day. The government would have found that there are other ways of dealing with the backlog that would be less onerous and would actually open up the system and get the people we need to the places where they should be going.

As an example, there is a challenge here in Ottawa to find a family physician. We also know there are 500 foreign trained doctors right here in Ottawa. That study was put together more than a year ago.

The other rationale the government puts forward is that we need to bring in skilled labour, medical professionals, et cetera. Tell that to the people who are driving taxis here in Ottawa, who have their foreign credentials to practise medicine, but sadly they cannot because the government has not figured out how to streamline the system.

My point is that if the government is making the argument that it needs to streamline the system for the backlog, it is not going to work for that, and if it is for skilled workers, we already have the skilled workers here. What is going to change with the system for them? The government simply says it will get more of them in. What happens when they get here?

Until the government deals with that reality, this bill has no place in this place and it has not been thought out. Those provisions need to be removed. That is why these amendments have been put forward.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 12:50 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, does my colleague believe that the government's significant mismanagement of the economy by eviscerating the financial and economic capabilities of Ottawa is somehow in keeping with its ideology? The Conservative government believes that its ideology is good for Canada. Some of us believe it is significantly damaging to Canada. The fact is the government leadership believes that we are simply the sum of our parts, whereas many of us believe that we are greater than the sum of our parts.

Does the member believe that a strong Ottawa working with strong provincial leaderships would enable our Canada to achieve its potential?

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 12:55 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I would always support a strong Ottawa. It is something we should all support.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 12:55 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I am rising to speak to Bill C-50, the budget implementation act, and the amendments we put forward to try to bring some rationale to the situation and the future of immigration in this country.

I come from a part of the country which in the past may not have been the prime destination for immigrants to Canada, but over the last number of years that has changed quite dramatically. Immigrants are coming to communities throughout the Northwest Territories. In many cases they face completely different living and climatic conditions. They work really hard to integrate themselves into Canada and into the burgeoning economy in the Northwest Territories. We are grateful that people are coming to contribute to our economy, to live in the north, to work and to support the development of our territory. That is a great thing. In Yellowknife right now there are 27 different ethnic groups. Clearly this is a result of this immigration movement.

It is difficult for people as they have to fight their way through the process to get into the country. We seem to have created a system in which immigrants have to spend much of their time and energy on paperwork, rather than focusing on their goals as immigrants and accomplishing things, like reuniting their families in this country.

My constituency office handles many cases every year. Many of those cases reference the particular hardships that individuals have experienced in establishing their lives in Canada because they cannot get through the system. They cannot accomplish their goals within the system in a reasonable time. The bureaucratic structures are not adequate to give them the support they need to make proper representations in the immigration system. In many cases that leads them to the member of Parliament's office for assistance.

In the Northwest Territories there is only one immigration officer and that person has other duties to fulfill in terms of enforcing other parts of the act. That person cannot act only as a guide to the immigrants within the country who are trying to move forward with their lives. We suffer from a huge shortage of manpower required to make the system work better. That is the case in my riding where we have a total of 43,000 people. Community groups do their best to help out with the situation. We have a structure which I think in some ways is more amenable to supporting individuals, but the fact that this is the situation in my riding suggests to me that it is even more of a problem elsewhere in the country.

Therefore, when we want to propose changes to the Immigration Act, I think it is incumbent upon everyone to get all the evidence. This process that the Conservative Party has foisted on the House to deal with immigration is simply not correct or appropriate for making that happen. It is a back door approach to making changes.

It was outed very early once the bill came forward because of course these things are scrutinized fairly closely. It did not work quite the way the Conservatives wanted, but the opportunities to then work on this legislation were sorely limited because it was handled in this particular fashion.

The changes to the act that in many cases we find most repugnant as Canadians are that we are taking away the democratic nature of the system as it exists now. We are not trying to improve the efficiency of the system or properly build up the resources needed to make the system work.

As well, we are not dealing with the problems we have in many of our embassies in other countries. Rather than utilizing Canadians who are used to dealing with our system in the same democratic and useful fashion, we find that in many cases we are utilizing nationals from the countries where the embassies are located. In my time as a member of Parliament, that has noticeably impacted on the ability of immigrants to acquire visas and move forward in a smooth fashion through the many hoops and stumbling blocks that exist for people who are applying for a visa or trying to be reunited with their families.

These problems are not going to be solved by this bill, because it is going in the wrong direction. At the same time, when we stand to ask for these issues to be removed from this bill, we are by no means suggesting that there is nothing wrong with the Immigration Act. It is just that what is being proposed here does not fit the Canadian model. It does not address the resource issues that are quite clearly dominating many of the problems and leading to these huge backlogs in the system.

The Conservatives, in their few years here, have not been able to even make a dent in that backlog. In fact, the backlog has gotten larger.

Their solution, especially the idea that there will be yearly quotas and at the end of the year all the applications that are not part of the quota will be rejected, is a really bad thing. It will discourage people from coming to this country. It will discourage people from making applications. There will be constant intrigue in the department in regard to trying to find out where these different classifications or directions are going to go.

All of this is going to lead to a complete breakdown in the system and take us away from the values that Canadians have so much pride in. In fact, idealistically, we send our armed forces around the world to try to uphold those values in other countries.

What this bill is doing is creating an arbitrary, authoritarian potential within the department, although it does not necessarily have to be that way. We could argue that the minister could be a most altruistic and wonderful individual who would not use the difference between “may” and “shall” in many of these points to discriminate against applicants. However, human nature being what it is, I think we have found in Canada that the best way to avoid discrimination and maintain a democratic system is to have rules that match up to that.

It is a phenomenon that I see so much in Canada: we do not jump queues in this country. We take our time. We fill the time we have available to us--

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:05 p.m.

The Acting Speaker Royal Galipeau

I am sorry, but the hon. member is taking somebody else's time, so we will have questions and comments. The first question comes from the hon. member for Esquimalt—Juan de Fuca.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:05 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, I have a question for my NDP colleague in regard to getting back to the economics of our country. This is so central to the ability of Canadians to have the life they want in order to provide for their families and to us as a Parliament and a government to have the assets to serve our citizens.

Does the hon. member think the Conservative government has made serious errors in what it has done to eviscerate the financial capabilities of the federal government by putting the finances of the Canadian government on the brink of a deficit situation?

Does he think the dropping of two percentage points on the GST was an abysmal mistake? Would it have been preferable to put moneys directly, through a non-refundable tax credit, to the poor and the middle class? Would that have been a much more preferable way of getting money into the hands of those of modest means in our country, those who need it most?

That would be much more preferable than the blanket drop in the GST, which actually preferentially helps those who are most affluent, because the more we spend, the more we can benefit from a drop in the GST. As well, we know that those who are least fortunate in our country are spending money on rent and food. In other words, they are spending their money on items that are GST exempt.

Does he agree that the government has taken quite an immoral position and has been quite cavalier and damaging to our country by affecting the finances of our nation in such a negative way?

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:05 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, we spoke endlessly in the fall on our feelings about the changes in the tax system that were initiated in that mini budget in November. We are not in favour of them, especially the corporate tax cuts that were made. They were wrong-headed and wrongly directed, because 50% of the corporate profits in this country are made either by the banks or by the oil companies. We saw a huge infusion to that group.

What has happened in the last three months in this country is quite serious. Now that the figures have come out, we see that we have a 0.3% drop in the GDP, but at the same time we have seen a huge increase in the price of resources in the resource industries. We know that our gross domestic product has been inflated by the very high prices of oil and gas, fertilizer and all manner of resources. At the same time, we are seeing a drop in the total gross domestic product.

I would say that the situation is even more severe on that point. The only expansion in our economy is in areas where the resources are being exploited. In the areas where they are not, we are obviously underachieving.

The tax breaks have not interested a lot of people in the manufacturing sector because that is not what they need. They need strategic investment. They need incentives to do the right things. They need money to retool. Those are the sorts of things that industry really requires and that it did not get from the Conservative government.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:05 p.m.

The Acting Speaker Royal Galipeau

Questions and comments. This will be a 30-second question.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:05 p.m.

Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, a quick question is this one. Does the member think the Prime Minister's penchant for controlling his ministers and his government through the Prime Minister's Office is an entirely undemocratic and completely ineffective way to run the Government of Canada and this country, and that what he ought to be doing is living up to democratic principles and giving his ministers the ability to do their jobs?

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:10 p.m.

The Acting Speaker Royal Galipeau

The hon. member for Western Arctic will give a 30-second answer.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:10 p.m.

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I would say the fault lies with the whole Conservative caucus in not standing up for their democratic rights in forming government. They are allowing this situation to continue, whether or not it is through their leadership. We have a mass of MPs here who could be speaking out on it and they do not, so it is their problem, not just the Prime Minister's problem.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:10 p.m.

The Acting Speaker Royal Galipeau

Resuming debate. The hon. member for Prince Edward—Hastings is rising.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:10 p.m.

Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

Mr. Speaker, I very seldom get up just to offer a comment until I hear something that really does go against the grain of some personal values, principles and beliefs.

I heard the member for Western Arctic state that we are told as individual members and members of a caucus that we have to do exactly what we are told. I am on record here in this House right now as stating that I have never been told what to do or how to do it, by anyone, in the House, in this caucus or in this party.

I do believe that should be on the record to set it straight. To suggest anything else is just simply propaganda that those members wish to formulate for their own particular purpose.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:10 p.m.

The Acting Speaker Royal Galipeau

The hon. member for Prince Edward—Hastings was not speaking on questions and comments but on resuming debate and now he is subject to questions and comments.

Is the hon. member for Winnipeg Centre rising on questions and comments?