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View Luc Berthold Profile
CPC (QC)
What would happen if the government actually decided not to implement Bill C‑208 today and did not get parliamentary approval later?
Who would be held accountable, given that there could be a change of government or an election? What would happen to all the victims, farms and small businesses that could not make the transfer according to the details of Bill C‑208?
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:39
It is up to the courts to determine whether state authorities or the public have complied with the legislation as it exists. If a concern to that effect were to be raised before the courts, the courts would have to address that issue.
View Luc Berthold Profile
CPC (QC)
So the current government could announce what it wants, such as making tax changes. Afterwards, aggrieved people would have to go to court.
That possibility creates a lot of uncertainty for all small business owners who want to transfer their business now. The news release creates even more ambiguity because we don't have the details of a possible bill and what the government intends to do.
I have one final question for you.
The news release issued yesterday mentions that the measures are in effect now. But there was another one on June 30. In your opinion, will the people who would have benefited from the good news that Bill C‑208 was enacted between those two dates be adversely affected?
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:40
Bill C‑208 has been in force since June 29. This does not change and the news releases do not affect it.
The June 30 news release indicated the government's intention to change the date of coming into force by means of a future bill. The July 19 news release confirms that this is not the case and that the legislation is in effect now.
View Wayne Easter Profile
Lib. (PE)
I'm sorry, Luc. We'll have to go to Mr. Maguire.
View Luc Berthold Profile
CPC (QC)
View Wayne Easter Profile
Lib. (PE)
View Larry Maguire Profile
CPC (MB)
Thank you, Mr. Chair. I want to thank you for the calling of this meeting and our witnesses for being here today.
Mr. Dufresne, in the case of June 30, 2021, when Finance announced the suspension of Bill C-208, what legal authority did the department use to announce this tax policy change?
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:41
My view is that the bill was in force. The bill has been in force since June 29. What the communiqué did on June 30 was indicate that the government intended to introduce future legislation to change that coming into force retroactively.
View Larry Maguire Profile
CPC (MB)
Certainly, we have to agree that only Parliament can decide whether to give that legal effect to a proposal by government for tax measures to apply retroactively. That's correct; I think you've already stated that.
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:42
Certainly, once the bill is in force, it applies until it's amended by Parliament.
View Larry Maguire Profile
CPC (MB)
Now that they've recused the statement from June 30 by yesterday's press release, let's say in a hypothetical situation they hadn't gone forward with yesterday's case, and they stuck to their original press release and unfairly delayed the implementation of Bill C-208 until January 1 coming up. What recourse could Parliament take against the department?
I mean, this is contempt of Parliament, similar to what the government has done by suing the Speaker. What if it were to happen again? What are Parliament's options here in regard to taking action against the department? The department put out the press release.
Philippe Dufresne
View Philippe Dufresne Profile
Philippe Dufresne
2021-07-20 10:42
Parliament has the ability to do as it has done, which is to act as the grand inquest of the nation and inquire into matters by the work of committees such as this committee, ask questions, obtain clarifications and, if need be, obtain course corrections.
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