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Minutes of Proceedings

42nd Parliament, 1st Session
Meeting No. 157
Wednesday, May 23, 2018, 4:10 p.m. to 8:48 p.m.
Televised
Presiding
Hon. Wayne Easter, Chair (Liberal)

House of Commons
• Suzie Cadieux, Procedural Clerk
• Angela Crandall, Procedural Clerk
• Kenza Gamassi, Procedural Clerk
• Jacques Maziade, Legislative Clerk
• Philippe Méla, Legislative Clerk
• Naaman Sugrue, Procedural Clerk
 
Library of Parliament
• Andrew Barton, Analyst
Department of Veterans Affairs
• Bernard Butler, Assistant Deputy Minister, Strategic Policy and Commemoration
Department of Finance
• Pierre Mercille, Director General (Legislation), Sales Tax Division, Tax Policy Branch
• Marie-Josée Lambert, Director, Crown Corporations and Currency, Financial Sector Policy Branch
• David Turner, Tax Policy Analyst, Sales Tax Division, Tax Policy Branch
• Adam Martin, Tax Policy Officer, Sales Tax Division, Tax Policy Branch
Department of the Environment
• John Moffet, Associate Assistant Deputy Minister, Environmental Protection Branch
• Julien Landry, Senior Advisor, Legislative Policy
Department of Justice
• Ann Sheppard, Senior Counsel, Criminal Law Policy Section
Pursuant to the Order of Reference of Monday, April 23, 2018, the Committee resumed consideration of Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018, and other measures.

Ann Sheppard and Bernard Butler made statements and, with John Moffet and Pierre Mercille, answered questions.

The Committee resumed its clause-by-clause study of the Bill.

The Committee resumed consideration of the amendment of Greg Fergus, — That Bill C-74, in Clause 404, be amended by replacing lines 1 to 11 on page 535 with the following:

“715.36 (1) After an organization has accepted the offer to negotiate according to the terms of the notice referred to in section 715.33, the prosecutor must take reasonable steps to inform any victim, or any third party that is acting on the victim’s behalf, that a remediation agreement may be entered into. ”

The debate continued.

The question was put on the amendment of Greg Fergus, as amended, and it was agreed to, by a show of hands: YEAS: 6; NAYS: 3.

Clause 404, as amended, carried on division.

By unanimous consent, Clauses 405 to 409 inclusive carried on division severally.

At 4:34 p.m., by unanimous consent and pursuant to Standing Order 115(5), it was agreed that the Committee continue to sit.

By unanimous consent, Clauses 120 to 161 inclusive carried on division severally.

On new Clause 161.1,

Pierre-Luc Dusseault moved, — That Bill C-74 be amended by adding after line 12 on page 148 the following new clause:

“161.1 (1) The Minister of Veterans Affairs must cause an independent review to be conducted of the provisions enacted by this Part, including a comparative analysis of gains, if any, arising out of the new benefits.

(2) The Minister must cause a report of the review to be tabled in each House of Parliament within 3 years after the day on which this Part comes into force.”

The question was put on the amendment of Pierre-Luc Dusseault and it was negatived on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Tom Kmiec, Pierre Poilievre — 4;

NAYS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5.

By unanimous consent, Clauses 162 to 185 inclusive carried on division severally.

At 4:44 p.m., the sitting was suspended.

At 5:21 p.m., the sitting resumed.

Pierre-Luc Dusseault moved, — That Bill C-74, in Clause 186, be amended

(a) by adding after line 22 on page 162 the following:

eligible fishing activity means the operation of an eligible fishing vessel for the purposes of fishing or a prescribed activity. (activité de pêche admissible)”

(b) by adding before line 23 on page 162 the following:

eligible fishing vessel means property that is primarily used for the purposes of fishing and that is a fishing vessel or prescribed property, but does not include prescribed property. (bateau de pêche admissible)”

(c) by adding after line 9 on page 163 the following:

fisherman means a person that carries on a fishing business with a reasonable expectation of profit. (pêcheur)

fishing does not include an office or employment under a person engaged in the business of fishing. (pêche)”

(d) by adding after line 37 on page 167 the following:

qualifying fishing fuel means a type of fuel that is gasoline, light fuel oil or a prescribed type of fuel. (combustible de pêche admissible)”

(e) by replacing line 17 on page 176 with the following:

“(iii.1) a fisherman, if the fuel is a qualifying fishing fuel, or”

(f) by adding after line 35 on page 196 the following:

“(vii.1) that the person is a fisherman, that the fuel is for use exclusively in the operation of an eligible fishing vessel and that all or substantially all of the fuel is for use in the course of eligible fishing activities, or”

(g) by adding after line 33 on page 198 the following:

“(d) the person is a fisherman, the fuel is a qualifying fishing fuel, and an exemption certificate applies in respect of the delivery in accordance with section 36.”

(h) by adding after line 34 on page 211 the following:

“(iii.1) to a fisherman if the fuel is qualifying fishing fuel,”

At 5:47 p.m., the sitting was suspended.

At 7:12 p.m., the sitting resumed.

The question was put on the amendment of Pierre-Luc Dusseault and it was negatived on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Pat Kelly — 3;

NAYS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5.

Francesco Sorbara moved, — That Bill C-74, in Clause 186, be amended

(a) by adding after line 22 on page 162 the following:

eligible fishing activity means the operation of an eligible fishing vessel for the purposes of fishing or a prescribed activity. (activité de pêche admissible)”

(b) by adding before line 23 on page 162 the following:

eligible fishing vessel means property that is primarily used for the purposes of fishing and that is a fishing vessel or prescribed property, but does not include prescribed property. (navire de pêche admissible)”

(c) by adding after line 9 on page 163 the following:

fisher means a person that carries on a fishing business with a reasonable expectation of profit. (pêcheur)

fishing includes fishing for or catching shellfish, crustaceans and marine animals but does not include an office or employment under a person engaged in the business of fishing. (pêche)”

(d) by adding after line 37 on page 167 the following:

qualifying fishing fuel means a type of fuel that is gasoline, light fuel oil or a prescribed type of fuel. (combustible de pêche admissible)”

(e) by replacing line 17 on page 176 with the following:

“(iii.1) a fisher, if the fuel is a qualifying fishing fuel and the listed province is prescribed, or”

(f) by adding after line 24 on page 188 the following:

“24.1 (1) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a fisher and an exemption certificate applies in respect of the delivery in accordance with section 36, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at a later time, the fuel is

(a) used by the particular person in the listed province otherwise than in eligible fishing activities; or

(b) delivered by the particular person to another person unless the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36.

(2) The charge under subsection (1) becomes payable at the later time referred to in that subsection.

(3) The charge under subsection (1) is not payable if

(a) at the later time referred to in that subsection, the particular person is not a fisher;

(b) a charge is payable under section 37 in respect of the fuel; or

(c) prescribed circumstances exist or prescribed conditions are met.

(4) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a fisher, if an exemption certificate applies in respect of the delivery in accordance with section 36 and if the particular person ceases, at a later time, to be a fisher, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at the later time, the fuel is held by the particular person in the listed province. The charge becomes payable at the later time.

(5) The charge under subsection (4) is not payable if

(a) at the later time referred to in that subsection, the particular person is registered as a distributor in respect of that type of fuel;

(b) at the later time referred to in that subsection, the particular person is a registered emitter, but only to the extent that, at the later time, the fuel is held at, or is in transit to, a covered facility of the person;

(c) a charge is payable under section 37 in respect of the fuel; or

(d) prescribed circumstances exist or prescribed conditions are met.”

(g) by adding after line 35 on page 196 the following:

“(vii.1) that the person is a fisher, that the fuel is for use exclusively in the operation of an eligible fishing vessel and that all or substantially all of the fuel is for use in the course of eligible fishing activities, or”

(h) by adding after line 8 on page 197 the following:

“(1.1) Despite subsection (1), if fuel is delivered to a fisher in a listed province that is not prescribed for the purposes of subparagraph 17(2)(a)(iii.1), an exemption certificate does not apply in respect of the delivery.”

(i) by adding after line 33 on page 198 the following:

“(d) the person is a fisher, the fuel is a qualifying fishing fuel, and an exemption certificate applies in respect of the delivery in accordance with section 36.”

(j) by adding after line 34 on page 211 the following:

“(iii.1) to a fisher if the fuel is qualifying fishing fuel,”

The question was put on the amendment of Francesco Sorbara and it was agreed to on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Greg Fergus, Raj Grewal, Pat Kelly, Michael V. McLeod, Jennifer O'Connell, Pierre Poilievre, Francesco Sorbara — 9;

NAYS: — 0.

Pierre-Luc Dusseault moved, — That Bill C-74, in Clause 186, be amended by adding after line 9 on page 253 the following:

“(3) If the Minister waives, cancels or reduces any interest payable by a person under subsection (1), he or she must publish the decision to do so on the Internet site of the Canada Revenue Agency.”

Debate arose thereon.

The question was put on the amendment of Pierre-Luc Dusseault and it was negatived on the following recorded division:

YEAS: Pierre-Luc Dusseault — 1;

NAYS: Dan Albas, Greg Fergus, Raj Grewal, Pat Kelly, Michael V. McLeod, Jennifer O'Connell, Pierre Poilievre, Francesco Sorbara — 8.

Pierre-Luc Dusseault moved, — That Bill C-74, in Clause 186, be amended

(a) by deleting line 4 on page 256 to line 38 on page 260.

(b) by deleting lines 20 to 36 on page 279.

(c) by replacing lines 22 and 23 on page 287 with the following:

“(a) interfere with, hinder or molest any official doing anything the official is au-”

(d) by adding after line 26 on page 287 the following:

“(2) For the purposes of subsection (1), official means a person that is employed in the service of, that occupies a position of responsibility in the service of, or that is engaged by or on behalf of Her Majesty in right of Canada or a province, or a person that was formerly so employed, that formerly occupied such a position or that formerly was so engaged.”

Debate arose thereon.

The question was put on the amendment of Pierre-Luc Dusseault and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Greg Fergus moved, — That Bill C-74, in Clause 186, be amended by replacing lines 21 to 23 on page 315 with the following:

“Governor in Council shall take into account, as the primary factor, the stringency of provincial pricing mechanisms”

Debate arose thereon.

The question was put on the amendment of Greg Fergus and it was agreed to, by a show of hands: YEAS: 5; NAYS: 3.

Greg Fergus moved, — That Bill C-74, in Clause 186, be amended by replacing lines 20 and 21 on page 328 with the following:

“nor in Council shall take into account, as the primary factor, the”

After debate, the question was put on the amendment of Greg Fergus and it was agreed to.

Pierre-Luc Dusseault moved, — That Bill C-74, in Clause 186, be amended by deleting line 16 on page 359 to line 6 on page 361.

Debate arose thereon.

The question was put on the amendment of Pierre-Luc Dusseault and it was negatived, by a show of hands: YEAS: 1; NAYS: 5.

Dan Albas moved, — That Bill C-74, in Clause 186, be amended by replacing line 23 on page 365 with the following:

“270 (1) Starting in the year in which the first anniversary”

Debate arose thereon.

The question was put on the amendment of Dan Albas and it was negatived on the following recorded division:

YEAS: Dan Albas, Pat Kelly, Pierre Poilievre — 3;

NAYS: Pierre-Luc Dusseault, Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 6.

Dan Albas moved, — That Bill C-74, in Clause 186, be amended by adding after line 28 on page 365 the following:

“(2) The report must also set out the impact of the Act on greenhouse gas emissions, expressed in tonnes, in listed provinces.”

Debate arose thereon.

The question was put on the amendment of Dan Albas and it was negatived on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Pat Kelly, Pierre Poilievre — 4;

NAYS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5.

Dan Albas moved, — That Bill C-74, in Clause 186, be amended by adding after line 28 on page 365 the following:

“(2) The report must also set out the economic impact of the Act on individuals in listed provinces, broken down by income quartile.”

Debate arose thereon.

The question was put on the amendment of Dan Albas and it was negatived on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Pat Kelly, Pierre Poilievre — 4;

NAYS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5.

Pierre Poilievre moved, — That Bill C-74 be amended by adding after line 28 on page 365 the following:

“Starting in the year in which the first anniversary of the day on which this section comes into force and each calendar year after that, the minister of Finance must prepare a report to Canadians on the total cost of the provisions contained within this act and make such report available on the Minister's website.”

Debate arose thereon.

The question was put on the amendment of Pierre Poilievre and it was negatived on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Pat Kelly, Pierre Poilievre — 4;

NAYS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5.

Dan Albas moved, — That Bill C-74, in Clause 186, be amended by adding after line 28 on page 365 the following:

“(2) The report must also set out the impact of the Act on the Canadian economy, broken down by industry sector.”

Debate arose thereon.

The question was put on the amendment of Dan Albas and it was negatived on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Pat Kelly, Pierre Poilievre — 4;

NAYS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5.

Dan Albas moved, — That Bill C-74, in Clause 186, be amended by adding after line 28 on page 365 the following:

“(2) The report must also set out the total revenues obtained under the Act and the amounts distributed in accordance with the Act.”

Debate arose thereon.

The question was put on the amendment of Dan Albas and it was negatived on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Pat Kelly, Pierre Poilievre — 4;

NAYS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5.

Dan Albas moved, — That Bill C-74, in Clause 186, be amended by adding after line 28 on page 365 the following:

“271 The Minister of National Revenue must, no later than July 1, 2018, and each calendar year after that, publish on the website of the Canada Revenue Agency a report setting out the economic impact of the Act on individuals in listed provinces, broken down by income quartile.”

Debate arose thereon.

The question was put on the amendment of Dan Albas and it was negatived on the following recorded division:

YEAS: Dan Albas, Pierre-Luc Dusseault, Pat Kelly — 3;

NAYS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5.

Clause 186, as amended, carried by a show of hands: YEAS: 5; NAYS: 0.

Clause 187 carried on division.

Clause 188 carried on division.

Dan Albas moved, — That Bill C-74 be amended by adding after line 22 on page 367 the following new clause:

“188.1 Section 154 of the Excise Tax Act is amended by adding the following after subsection (2):

(2.1) For the purposes of paragraph (2)(a), a charge imposed under the Greenhouse Gas Pollution Pricing Act is not a tax, duty or fee imposed under an Act of Parliament.”

Debate arose thereon.

The question was put on the amendment of Dan Albas and it was negatived on the following recorded division:

YEAS: Dan Albas, Pat Kelly — 2;

NAYS: Pierre-Luc Dusseault, Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 6.

By unanimous consent, Clauses 189 to 198 inclusive carried on division severally.

On new Clause 198.1,

Dan Albas moved, — That Bill C-74 be amended by adding after line 8 on page 372 the following new clause:

“198.1 This Part comes into force on a day to be fixed by order of the Governor in Council that is after the day on which the report referred to in section 271 of the Greenhouse Gas Pollution Pricing Act is published.”

Debate arose thereon.

The question was put on the amendment of Dan Albas and it was negatived, by a show of hands: YEAS: 2; NAYS: 6.

Clause 1, Short Title, carried on division.

Schedule 1 carried on division.

Schedule 2 carried on division.

Schedule 3 carried on division.

Schedule 4 carried on division.

Schedule 5 carried on division.

On Schedule 6,

Jennifer O'Connell moved, — That Bill C-74, in section 1 of the schedule to Part XXII.1 in Schedule 6 on page 556, be amended by adding the following after paragraph (z.3):

“(z.4) section 462.31 (laundering proceeds of crime).”

Debate arose thereon.

The question was put on the amendment of Jennifer O'Connell and it was agreed to on the following recorded division:

YEAS: Greg Fergus, Raj Grewal, Michael V. McLeod, Jennifer O'Connell, Francesco Sorbara — 5;

NAYS: Dan Albas, Pierre-Luc Dusseault, Tom Kmiec — 3.

Schedule 6, as amended, carried on division.

The Title carried on division.

The Bill, as amended, carried on division.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-74, as amended, be reprinted for the use of the House at report stage.

At 8:48 p.m., the Committee adjourned to the call of the Chair.



David Gagnon
Clerk of the Committee