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Results: 1 - 15 of 16854
View Lindsay Mathyssen Profile
NDP (ON)
Thank you, Mr. Chair.
I want to back things up a little and go back into the history of this bill. As Ms. Dzerowicz mentioned, there were several iterations of it. Of course I refer to the NDP version of this, Bill C-274, which was actually voted against by this government, and which we were told would not pass.
However, after the election, in budget 2019, it was indicated that a similar piece of legislation would come forward to help farmers, small businesses and fishing businesses, and in fact it was also in the minister's mandate letter from the Prime Minister.
Can you indicate to this committee what plans and what directions were received from government, from the minister as directed by the PMO, to put forward this legislation? I think, to build upon what my colleague Mr. Ste-Marie was discussing, with all of that time and with those plans in place, why were a lot of the amendments that came forward under Bill C-208 not prepared for legislation?
View Lindsay Mathyssen Profile
NDP (ON)
That's for whoever is allowed to answer.
View Lindsay Mathyssen Profile
NDP (ON)
I appreciate and understand that, and I understand the response that was given previously. However, I would argue that this is actually the other way, right? This is direction from the government—coming through the minister, coming through a mandate later and coming through budget 2019—and you were told to put it forward in terms of ongoing or upcoming legislation that the government had in its plans. It would be going the other way.
View Lindsay Mathyssen Profile
NDP (ON)
Okay. That's fair enough.
Could we then discuss those specific amendments that are being brought forward and that were in the newly released press release in which clarification was provided? It's my understanding that the government said that parents could already sell to their children on a tax-free basis, using a lifetime capital gains exemption, before this Bill C-208 was brought forward. Is that true or is that false? I believe it was in a speech from Mr. Gerretsen, actually, when he was discussing Bill C-208.
View Lindsay Mathyssen Profile
NDP (ON)
One of the requirements or the amendments being made was that enough time and a specific timeline be put forward for that transition to ensure that it was a legitimate.... It's the idea of a legitimate sale to a child. Within that Bill C-208 legislation, it also says, though, that the person receiving the gift of this farmer or small business would have to own it for five years. Why is that not good enough within the Bill C-208 legislation?
View Lindsay Mathyssen Profile
NDP (ON)
Well, it's just confusing. Where these amendments don't.... They seem to do what's already being done, and if not.... It's that there's a belief that ultimately these families and these children are trying to undermine the government, to take advantage of tax loopholes. I find it interesting that the government now is so interested in closing tax loopholes where it wasn't before. However, it seems that a lot of this was already done and that these amendments may be redundant.
View Lindsay Mathyssen Profile
NDP (ON)
Thank you so much.
If I may ask, what consultations have been done by the department, not on these exact amendments, but again, as you indicated, in terms of general questions on the amendments put forward in the press release from yesterday?
View Lindsay Mathyssen Profile
NDP (ON)
That was very general. There isn't a specific deadline. I mean, you certainly have the November deadline of being able to have this legislation passed, but you obviously have to do a lot of that consultation beforehand. How long would that level of consultation typically take, as far as you can estimate?
View Lindsay Mathyssen Profile
NDP (ON)
How would a potential election disrupt? Would you be able to continue those consultations throughout that time, or would it put a hold on everything?
View Lindsay Mathyssen Profile
NDP (ON)
Thank you, Mr. Chair, and thank you to the members of the committee for allowing me to sub in. I will try to live up to the reputation of Mr. Julian.
I appreciate hearing from you, Mr. Dufresne. You are very precise in your wording, as we've seen often. Given your precision when you give that advice to parliamentarians, one would hope that the government would also respond with that same precision, but unfortunately all of this confusion of course has come forward because they seem to have lacked the precision between the first press release and the clarification of the second.
I wanted to build off what my colleague, Mr. Ste-Marie, was talking about in terms of those different stages of a bill and specifically how they go through. As he mentioned, there were no amendments proposed at the committee stage of the bill. Everything was passed. It was passed through the Senate as well, with no changes.
If the government were to bring forward this legislation, or the amendments that it wishes to see in a different piece of legislation, and if the government stands as it is and Parliament stands as it is, it will go through those same processes. Is that correct?
View Lindsay Mathyssen Profile
NDP (ON)
One would assume that, because of the standing of the House of Commons currently, in a minority Parliament, all things remaining the same, we would have the same result and it would be the will of Parliament to pass the same legislation. One would assume that.
View Lindsay Mathyssen Profile
NDP (ON)
Okay. I know we're sort of getting into the nitty-gritty, but is it common, when the government says it plans to introduce amendments that would honour the spirit of Bill C-208? Is there a precedent explaining that? Is that language that's commonly used by government? Is there something more precise to that, legally?
View Lindsay Mathyssen Profile
NDP (ON)
Again, that's the will of the government versus the will of Parliament; they're almost in conflict in these attempts to change legislation, which the government has the absolute right to do within those amendments and by introducing different parts of legislation. Ultimately, though, that still could potentially be in conflict with the overall will of Parliament, which you have said is supreme.
View Lindsay Mathyssen Profile
NDP (ON)
Mr. Ste-Marie talked about the length of time this piece of legislation took to come through. I know all pieces of legislation are different, and schedules are different. Was that sort of an average, that 500-some days? Was that average for a private member's bill to pass through?
View Lindsay Mathyssen Profile
NDP (ON)
I ask because obviously rumours abound about an upcoming election, and yet within that second press release, that clarification, there was indication that legislation would come forward and be implemented by November 1. If there was an election during this fall session, term, or time period, would it be possible for our government to pass that kind of legislation?
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