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 / 1:10 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

No, Mr. Speaker.

Budget Implementation Act, 2008Government Orders

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

The Acting Speaker Royal Galipeau

Is the hon. member for Western Arctic rising on questions and comments?

Budget Implementation Act, 2008Government Orders

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

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, this seems to be a rather odd way of conducting business here, but I really do want to respond.

Budget Implementation Act, 2008Government Orders

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

The Acting Speaker Royal Galipeau

You have the floor.

Budget Implementation Act, 2008Government Orders

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

NDP

Dennis Bevington NDP Western Arctic, NT

I want to ask the member a question on his speech. Rather than dealing with budget issues, most of his speech was a sort of attack on what he perceived I said. You can check the record, Mr. Speaker. I think Hansard will show that the question was asked of me about the nature of the Conservative government's control from the top down. I said that if that is the problem, then the solution should lie with all of the Conservative caucus. To me, that is part of the democratic process.

The conduct of a particular political party is not simply on the basis of the leadership. It is on the basis of every individual member within it. If the hon. member speaks up on these issues, then that is commendable. Perhaps the hon. member wants to speak up now on what he thinks about the nature of democracy in Parliament.

Budget Implementation Act, 2008Government Orders

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

Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

Mr. Speaker, I am actually very proud and pleased and, quite honestly, humbled to be a member of Parliament. I have talked to many people, and I have not only an obligation but a responsibility. I can recall a mentor that I talked to many years ago. He told me that he personally viewed a member of Parliament as having a position of privilege. Although some people might consider that privilege in the persona of perks, he said that was not actually so, that the privilege is in privilege and genuine area of responsibility. As such, I take my responsibilities very seriously, as do most colleagues in the House, I know, when they are not caught up in partisan games. I commend those from all parties who do that.

When I listen to bafflegab in the House that deviates from the normal level of commitment to one's party, one's country, and one's self, and when statements are made for partisan purposes, I find it rather disturbing, but of course that is a reality some people seem to accept as the norm these days. I do not. I leave my statement at that.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:15 p.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

Mr. Speaker, I would like to ask the government member, who has just spoken, a question about Bill C-50. Within Bill C-50 there are very comprehensive and dramatic changes to Canada's immigration laws.

In my community, which is a community of many different cultures now, people are coming from all over the world to live in the lower mainland of British Columbia. We presented the changes that are proposed by his government and they shared with us their concerns from a variety of communities, from the Chinese Canadian community, the Korean Canadian community, the Somalian community, all of whom have sizeable communities in New Westminster—Coquitlam.

They are very concerned about these changes. However, without getting into the detail of the changes that the government is proposing within the budget implementation bill, I want to ask the member this. He made some comments about performing in the House of Commons, doing things in the traditional way. It is not tradition to put massive immigration changes into a budget implementation bill.

Why would you be doing that and not allowing the immigration committee to have an opportunity to study and make recommendations for changes--

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:15 p.m.

The Acting Speaker Royal Galipeau

The hon. member for New Westminster--Coquitlam meant to say why would “he” be doing that, not why would “you” want to be doing that.

In any event the hon. member for Prince Edward—Hastings has 20 seconds to respond.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:15 p.m.

Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

Mr. Speaker, quite frankly, some people talk about issues, other people get the job done. Under the previous government, we started off with 30,000 or so people on the waiting list, then it jumped to 900,000. That is not acceptable. People have been waiting five and six--

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:15 p.m.

The Acting Speaker Royal Galipeau

Resuming debate, the hon. member for Winnipeg Centre.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I will take what few minutes are left. I understand I will probably be the last speaker of the day on this particular subject, so I think I should preface my remarks by speaking to Canadians who may be tuned in and watching, and try to explain why it is that the House of Commons today is seized with the issue of debating the budget implementation bill.

Yet, virtually all of the speakers have been rising to speak about immigration and how Canada's immigration act is being altered by this bill. It does warrant some explanation. I have to apologize to Canadians because I, for the life of me, cannot give a plausible explanation as to why the government would have slipped in a bunch of serious amendments to the immigration act into the budget implementation bill.

It is beyond me. It is beyond most people. It is underhanded. It is a back-door approach. It undermines democracy, in a sense, because the people who have been assigned to reviewing Canada's immigration laws from all parties at the Standing Committee on Citizenship and Immigration are being denied the opportunity to have their fair say. In fact, the House of Commons is being denied the ability to have a fulsome debate on the subject of immigration reform.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:15 p.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

And so are the Canadian people.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:15 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

As my colleagues says, and the Canadian people are missing any opportunity for input. If that Standing Committee on Citizenship and Immigration were dealing with these issues, we might be touring the country, going from coast to coast, to get input from Canadians as to whether they would approve of this massive fundamental overhaul, this huge policy shift in how we welcome newcomers to this country.

The only thing that I can think of is, and I have talked with my colleagues, it reminds us of the further indication of the Americanization of Canadian politics. This is very much an American phenomena that we see in the American Congress. Its budget bills, its appropriation bills, are often stuffed full of a hundred other little bits and pieces that an individual senator or congressman might want in, in exchange for passing that piece of legislation. It looks like the Manhattan phone book by the time its budget bills get passed.

This is sort of what the Conservatives have done here. They have taken a budget implementation bill that has to be passed by the time we recess Parliament. It would give the spending authority for the government to go through with its fiscal plan. It is completely inappropriate and unfair to slip this heavy piece of immigration legislation into the budget implementation bill.

Let me tell members what we should be debating right now, just as an aside. I was hoping that in this federal budget this Conservative government would undertake some of the things it promised to do, such as plug some of the outrageous tax haven loopholes that still exist today.

I remember when the Conservatives were in opposition. I used to sit with them on this side of the House, berating the Liberal finance minister, saying, “Why do you allow people like the former prime minister to put all of their holdings offshore as tax fugitives to avoid paying their fair share of taxes?”, and the Conservatives used to agree with us. That used to meet the old nod test.

Now that the Conservatives have had three budgets and one fiscal economic update, which we could call a third mini budget, they have not chosen to plug those loopholes. One of their own right-wing columnists, actually, Diane Francis, who calls herself a practising Conservative, has written five articles in a row in the last month in the Financial Post, slamming corporate Canada for shielding its money offshore.

She calls it economic treason, I believe that is the term she used, when Canadians willingly avoid paying taxes in the country that allowed them to profit and become healthy, wealthy and wise. Yet, this government repeatedly refuses to address that fiscal concern that could have been an element of this budget that we could be debating here today.

Another thing she pointed out is there is a tax haven option for family trust funds where Canadians can expatriate all of their family trust holdings and allow their kids to live as trust fund kids in Canada, never paying a penny of income tax. Because once they expatriate that money, it is tax free; they pay a one-time 25% exit tax. They set it up in a tax fugitive country where we have a tax treaty and their kids and their kids's kids, generations of Canadians, can be living off of that trust fund never paying any taxes in this country.

She says it is quite frequent and that is appalling. Why we willingly forgo that amount of tax revenue should be debated in the House of Commons. Canadians, I find, do not mind paying their fair share of taxes as long as everyone is paying their fair share of taxes.

Those things should be debated today. Instead, we are put in the awkward position of having to debate immigration policy during a budget implementation bill.

On that line, I come from the building trades. I used to be the head of the United Brotherhood of Carpenters & Joiners of America and we used to deal with this issue of temporary foreign workers all the time. I can tell members that this is an issue of our immigration laws that we have to have a look at because there is a tendency to rely more and more on temporary foreign workers.

Let me just say right from the start that it is not a human resources labour market strategy to bring in foreign workers to fill job vacancies. That is not a strategy at all. There is no future in that and it undermines local wage scales. It causes social unrest and social problems in the community where these influxes of foreign workers come in. Often the foreign workers do not receive the same benefits and rights that local workers do.

Let me give one example in the province of British Columbia that was a disastrous thing because the applicants for foreign workers are often disingenuous in their applications.

The Gold River pulp mill in Tahsis shut down. The whole town was out of work. Eighty millwrights were required to tear the old plant down to sell it to China, where it was going to be rebuilt. There were 80 unemployed millwrights in town who built that mill. The millwrights in Gold River knew every nut and bolt in that pulp mill because they were the ones who put it together, but when the company official that bought the mill wanted foreign workers to come in, he filled out all the necessary forms and where it said, “Did you try to find Canadian workers to do this job?”, he ticked off, “Yes”. On the question, “What was the reason you did not use Canadian workers?”, he put down, and we have a copy of this, “The cost was too high”.

This foreign owner who scooped up the pulp and paper mill to move it offshore would not hire Canadian workers to even dismantle the plant because the cost was too high, so he brought in a bunch of South Asian workers from India, sleeping 12 to a hotel room, to tear down the plant, while the unemployed men and women in Tahsis, B.C. were on the other side of the gate looking in while somebody else was eating their lunch. That is a recent example of the temporary foreign worker phenomenon that is sweeping the country. The company got away with doing that.

In another example on the other coast, the Halifax Chronicle-Herald was building a new printing press, a very high tech precision operation. It is a machine that is twice as long as this room and it has to be levelled off to one-one-thousandths of an inch, to the micron, so the paper rollers are running accurately. The Swiss company that manufactures the mill said it could not find any qualified Canadian workers to do it, so the Government of Canada let it bring in its own workers to install it.

We are talking a couple of years worth of highly skilled work for Canadian workers. Guess what? There were 800 unemployed Canadian millwrights in the Atlantic region alone. I know because they were members of my union on the job board, on the dispatch board, from St. John's, Newfoundland and Halifax, Nova Scotia, and Saint John, New Brunswick. They were all sitting there unemployed while somebody else was allowed in to eat their lunch because the Government of Canada accepted the word of these applicants that would say they could not find any skilled Canadians, that it was far too complex for the Canadian workers.

One guy actually pulled a hair out of his head when he was arguing this to the government, saying, “We have to set these machines thinner than the thickness of this hair”. What does he think Canadian workers do every day of the week? What does he think skilled millwrights do in this country? If they have any hair on their head, they are measuring the tolerances of paper mills right across the country, because we build printing presses in every city in Canada, and we could have built the one in Halifax, Nova Scotia too if the Government of Canada would have just said no and let Canadian workers have those jobs. What is this zeal we have for giving away Canadian jobs?

I will say one last thing on the subject. If there are labour market shortages in the skilled trades, some of the aboriginal communities have chronic unemployment situations. We have--

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:25 p.m.

The Acting Speaker Royal Galipeau

The hon. member for New Westminster—Coquitlam.

Budget Implementation Act, 2008Government Orders

May 30th, 2008 / 1:25 p.m.

NDP

Dawn Black NDP New Westminster—Coquitlam, BC

Mr. Speaker, I listened with great attention to my colleague from Winnipeg during his presentation. I know he talked about the whole issue of the changes in the budget implementation act as it relates to immigration.

I have a paper put out by the Canadian Bar Association that asks very pertinent questions. On behalf of the Bar and other Canadians, I want to ask the member a question. The Canadian Bar Association calls these changes to the immigration policy a major step backward in the evolution of Canadian immigration law. Does the member from Winnipeg agree with that statement?