Skip to content

Fall Economic Statement Implementation Bill, 2022

Second Reading--Debate

December 13, 2022


Hon. Tony Loffreda [ - ]

Moved second reading of Bill C-32, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022 and certain provisions of the budget tabled in Parliament on April 7, 2022.

He said: Honourable senators, I rise today at second reading to speak to Bill C-32, fall economic statement implementation act, 2022. I am honoured to serve as sponsor of this important piece of legislation that includes measures announced in the Fall Economic Statement dated November 3 as well as other previously announced measures from Budget 2022.

Before I address some of the important measures in the bill, I’d like to begin by saying a few words of thanks.

First, I’d like to thank Senator Gold and Minister Freeland for their confidence in allowing me to serve as the Senate sponsor of this bill. I also thank them for all the support they’ve given me and my office.

Second, a big thank you to our colleagues on the Standing Senate Committee on National Finance, ably chaired by the Saint-Léonard sensation, Senator Mockler. We began our pre-study of Bill C-32 on November 22, and since then we’ve held eight meetings, received more than 50 witnesses and a dozen briefs, and sat for close to 15 hours.

Third, I want to thank the Standing Senate Committee on Indigenous Peoples for its assessment of Division 3 of Part 4 of Bill C-32, which I’ll touch on briefly today. I intend to give it more coverage in my speech at third reading.

As all honourable senators know, Bill C-32 contains 172 pages, 4 parts and 29 separate measures. I will go through them all today — no, I’m just kidding.

The first 21 measures are found in Part 1 and make changes to the Income Tax Act. There are many good measures in the bill that will help families and individuals cope with the increasing cost of living. Other measures are mostly technical in nature or consequential.

For everyone’s sake and sanity, I will not address every single measure in the bill. After all, I only have 45 minutes. It’s in these moments I wish I was the Leader of the Opposition with unlimited speaking time.

Rather, I will focus my remarks on what I consider are key measures in Bill C-32 that have the greatest potential in helping Canadians weather the inflationary storm we are going through right now, especially as we learn to live with COVID.

I will end my remarks by offering a few thoughts on the economy and inflation in general.

The dream of home ownership is becoming increasingly unaffordable for too many young families and middle-class Canadians, which is why a suite of measures appear in Bill C-32 that target home affordability. They include the anti-flipping rule, the new Tax-Free First Home Savings Account, the homebuyers’ tax credit and the Multigenerational Home Renovation Tax Credit.

The new anti-flipping rule will help ensure profits from flipping homes are taxed as business income if the seller held the property for less than 12 months. Exceptions would apply for individuals who sell their home due to certain life circumstances like death, disability, divorce or a new job, for example. This would ensure that investors flipping houses just for the sake of making a profit pay their fair share, in turn helping reduce housing prices for Canadians who want to buy a property to live in. The government expects this measure will affect about 3,300 taxpayers per year and increase its tax revenue by about $15 million annually.

With the new Tax-Free First Home Savings Account, the government wants to help Canadians who are struggling to make a down payment by encouraging them to save for a home by giving prospective first-time home buyers the ability to contribute up to $8,000 per year on a tax-free basis, with a lifetime limit of $40,000. The government is working with the Canada Revenue Agency and financial institutions to develop the necessary systems to administer this new account. Regardless of when in 2023 the FHSA is set up, Canadians will be able to contribute the full yearly amount of $8,000.

In Budget 2022, the government also proposed to double the First-Time Home Buyers’ Tax Credit from $5,000 to $10,000. Measure (j) in Bill C-32 seeks to implement this promise, which is expected to cost the government approximately $775 million over 6 years, and it should benefit approximately 200,000 individuals per year.

In response to a question from Senator Boehm on this tax credit, officials told us that the tax credit is a flat rate, instead of a flexible credit adjusted based on regional differences, because it will be easier for the CRA to administer. In the end, it was a policy decision by the government.

Measure (l), the Multigenerational Home Renovation Tax Credit, also was first announced in Budget 2022. It seeks to implement a refundable tax credit for eligible expenses to create a secondary unit to permit an eligible person, either a senior or an adult with a disability, to live with a qualifying relation. The value of the credit would be 15% of the lesser of eligible expenses and $50,000, for maximum support of $7,500. This tax credit is for a secondary unit or a self-contained dwelling unit with a private entrance.

For home renovations or alterations, individuals have access to the home accessibility tax credit.

While it doesn’t directly address housing affordability, I would be remiss if I didn’t mention the government’s decision to help students by including a measure in Bill C-32 that permanently eliminates interest accruals on Canada Student Loans and Canada Apprentice Loans.

Beginning in 2023-24, approximately 1.2 million borrowers annually will benefit from this measure. Of the Canada Student Loan recipients in 2020-21, about 61% were women, 6% were Indigenous students and 5% had a permanent disability. The average borrower will save approximately $410 per year in interest thanks to this measure. It is a $2.7 billion investment over the next five years and $556.3 million annually thereafter.

I want to clarify that the government also took into account the fact that Quebec, just like the Northwest Territories and Nunavut, manages its own loan program. Nevertheless, the government has set aside the necessary funds to make this measure available to new graduates in those three jurisdictions.

I wanted to mention this measure for students in the context of my comments on housing affordability because I think it can also help new graduates and tradespeople entering the job market save a little more money for their future home by taking advantage of the new Tax-Free First Home Savings Account.

The measures in the bill won’t solve Canada’s housing problem, but they should make it easier for people to become property owners. As the Canadian Real Estate Association told us, we should concentrate on increasing the available housing stock and on housing innovation.

As I mentioned earlier, there are 21 measures in Bill C-32 that make changes to the Income Tax Act. Four of those measures related directly to housing affordability.

Now, I would like to shift our attention to five other measures that will amend the Income Tax Act.

First, through measure (d), the government is introducing a new 30% Critical Mineral Exploration Tax Credit for certain minerals to support the green transition and clean technologies. These minerals are used in the production of batteries and permanent magnets, both of which are used in zero-emission vehicles. The anticipated cost of this measure is about $360 million over the next six years.

Canada can, and must, play a dominant role in the global supply chain of these essential minerals. That point was reaffirmed last week when the government published its Canadian Critical Minerals Strategy and recognized that “predictable and efficient regulatory regimes are a prerequisite for Canada’s economic competitiveness” and committed to “making efforts to streamline project assessments and permits.” This is additional good news for the mining industry, which I certainly welcome.

We were told in committee that NRCan helped develop the list of 15 minerals on the eligibility list for the tax credit. In committee, Senator Duncan voiced her support for this measure.

In response to her question about unintended consequences of this measure and regional bias, we were reminded that this is not a regional development measure. As a former banker, it will surprise no one that measures (e) and (f) have generated much commentary from my former banking colleagues.

The first measure, known as the Canada Recovery Dividend, or CRD, proposes a one-time 15% tax on banks and life insurer groups. The tax is payable on the average of 2020 and 2021 taxable income, and there is a $1 billion exemption, which would need to be split between the members of a related group. Banks and insurance companies have five years to pay, starting in 2022. The government explained that Canada’s major financial institutions made significant profits during the pandemic and recovered faster than other parts of our economy — in part due to the federal pandemic supports for people and businesses that helped de-risk their balance sheets.

The government is also introducing an additional permanent tax of 1.5% on the taxable income of banks and life insurers above $100 million. This measure was first introduced in Budget 2022.

When the Canadian Bankers Association appeared before our committee on December 6, they argued that an “efficient tax system is one that is neutral” and that it:

. . . encourages growth and innovation by letting investors, savers and employees make choices driven by where they can get the best return for their capital, labour or knowledge rather than by tax considerations.

While I appreciate the CBA’s position and agree in principle, I also believe that our banks, the bedrock of our economy, have been profitable during the pandemic and can afford to help support Canada’s broader recovery, provided, of course, that this new tax on banks doesn’t trickle down to its clients. These two measures combined, according to the government, should add about $6.3 billion over the next six years.

Third, the government is proposing to require that certain trusts provide additional information on an annual basis to the Canada Revenue Agency. This measure was first announced in Budget 2018.

Since then, the government has consulted widely and is now proposing this amendment, which is intended to help the CRA acquire sufficient information in order to determine taxpayers’ tax liabilities and to effectively counter aggressive tax avoidance as well as tax evasion, money laundering and other criminal activities.

This measure has raised concerns regarding solicitor-client privilege by the Canadian Bar Association and the Federation of Law Societies of Canada, despite the Charter Statement issued by the Minister of Justice. When she appeared before our committee last week, I asked Minister Freeland to reassure us that the measure is constitutional and that no amendments are needed in response to those concerns. She assured us that she is “very confident” that the measure is constitutional. As she said:

We think that we have struck the right balance. We are confident that there is no requirement to disclose solicitor‑client privileged information under this measure.

I will be happy to take questions on this issue later, but I do want to mention that I will speak more in depth on this matter during my third reading speech on Thursday, assuming the National Finance Committee adopts the bill tomorrow morning.

The fourth income tax-related measure I want to speak to is the change to the preferential tax rate for small businesses, provided via the small business deduction. Budget 2022 proposed to phase out access to the small business deduction more gradually, with access to be fully phased out when the combined taxable capital employed in Canada of a Canadian-controlled private corporation and its associated corporations reaches $50 million rather than the current threshold of $15 million. The cost of this measure to government revenues is expected to be $835 million between 2022-23 and 2027-28. It would allow businesses more capital to innovate, increase productivity, hire more staff or increase wages.

This measure was welcomed by both the Canadian Chamber of Commerce and the Canadian Federation of Independent Business, or CFIB, who appeared before us on November 29. Dan Kelly, President and CEO of the CFIB, told our committee that, “Two thirds of Canadian small firms are still facing additional COVID debt that they didn’t have before the pandemic. . . .” That amounts to $110,000 on average. We also learned that 17% of small businesses are at risk of permanent closure due to the damage they have taken on over the course of the past couple of years. Thankfully, and hopefully, some 8,000 businesses should likely benefit from this preferential tax rate, and that number should grow over time. The C.D. Howe Institute also supports this measure and feels it will encourage business growth.

The fifth and final measure I want to address is the increase to the disbursement quota for charities from 3.5% to 5% for investment assets exceeding $1 million. Based on available data, approximately 4,000 charities report holding over $1 million in property not used for charitable activities. I certainly welcome this change. Senators may recall I addressed this issue in the chamber last spring with Senator Gold and called for such an increase. The new rate is expected to increase expenditures on charitable programs and better ensure the timely disbursement of tax-assisted funds towards charitable purposes while allowing for reasonable asset growth.

Mr. Bruce MacDonald, President and CEO of Imagine Canada, told our committee that:

Raising the DQ may allow for more funds to flow to underserved and under-financed communities that have historically received far less funding from philanthropic foundations.

He also reminded us that total foundation assets had “. . . tripled from 2008 to 2019, going from $39.5 billion to $116 billion Canadian dollars.” He went on to say that:

Even the most conservative estimates show that approximately $200 million of new spending will be released when the disbursement quota is raised to 5% . . . .

In committee, when I asked officials why the disbursement quota is not going even higher, we were told that:

. . . increasing it to 7% or 10% increases expenditures in the short term but could have a detrimental effect on the ability of foundations to fund charitable programs over the long term.

We were also reminded that foundations were receiving interest and investment income to the tune of about 5% annually, and that number rises to 7% when the total returns or realized gains on investments are included.

Although I would have initially welcomed a steeper increase, I think the 5% is a good outcome based on the explanation we were provided in committee. It is also the rate in the United States. It will be important to monitor the impact of this measure on the sector. I have no doubt Senator Omidvar, who we all know is a champion and strong advocate for the charitable sector, welcomes this change. Also, the timing couldn’t be better since Canadians are increasingly relying on charities to meet basic needs such as food, clothing and shelter. A recent Ipsos poll from last month showed that 22% of Canadians plan on making use of charitable services, an 8% surge over a similar poll from January.

This was only an overview of five of the measures contained in Part 1 of the bill that amends the Income Tax Act. I felt these were some of the most important amendments in the bill. Quickly, I will simply mention the other measures in this part, including the phasing out of flow-through shares for oil, gas and coal activities, various tax avoidance measures, interest coupon stripping and support for business investments in air-source heat pumps.

While I support the amendments to the Income Tax Act proposed in Bill C-32, I also want to put on the record that tax policy in Canada has become increasingly more complex and convoluted. The latest edition of the act has 3,356 pages. As our National Finance Committee reported last June, highly technical amendments to the Income Tax Act further complicate the entirety of the act and make it seriously difficult for Canadians, including tax experts, to understand how changes affect them. The changes proposed in Bill C-32 are no different.

As we said at the time, we are concerned about the lack of a comprehensive review of the entire Income Tax Act. Colleagues, consider this: In November 2017, the Income Tax Act had 3,129 pages. Just five years later, the act has increased by over 200 pages. The original Income War Tax Act, adopted in 1917, only had 11 pages and was meant to be temporary. In 1944, the Income Tax Act as we know it today was adopted by Parliament and became a permanent fixture in our lives. That act had 88 pages, and 75 years later, it’s well over 3,000 pages — “the good old days,” some might say.

Many of the measures in Bill C-32 are designed to stimulate and inject capital into the economy as we recover from the pandemic, move toward a lower-carbon economy and compete for much-needed investment.

One of the centrepieces of the bill is the forthcoming Canada growth fund, which can be found in Division 1 of Part 4. Canada’s economic prosperity has traditionally depended on natural resources. The industrial base needs to be significantly transformed if the country is to meet its climate goals and in order to ensure long-term prosperity for Canadians.

Announced in Budget 2022, the Canada growth fund will attract substantial private sector investment in Canadian companies and projects in order to help transform Canada’s economy and seize opportunities to achieve net zero. This will help reduce Canada’s greenhouse gas emissions and create good jobs here at home.

The measure in Bill C-32 authorizes the Minister of Finance to acquire non-voting shares in an amount of up to $2 billion in a new Crown corporation that will be incorporated to administer the Canada growth fund and to requisition the amount for the acquisition of those shares from the Consolidated Revenue Fund. The amount will provide an initial capitalization for the Canada growth fund to make initial investments and to provide funding for start-up costs.

A lot has been said about this measure, and there is some uncertainty or discomfort about the fund, which is why I would like to take a few minutes to provide a bit more context. The fund is intended to be a new arm’s-length, government-owned investment fund that has yet to be incorporated. The initial $2 billion that appears in Bill C-32 will go towards the fund and help set it up as a wholly owned subsidiary of the Canada Development Investment Corporation, or CDEV. We expect that to happen as soon as possible and that the fund will begin making and attracting investments soon.

Officials before our committee explained that the Canada growth fund was announced in response to the American Inflation Reduction Act to help Canada compete internationally for capital investment. Minister Freeland also stressed that point when she appeared before us, which explains why the government is seeking these funds to start getting money out the door as soon as possible.

It is the intention of the government to introduce legislation in 2023 to establish the permanent structure for the Canada growth fund. I invite senators and the public to consult the technical backgrounder on the Canada growth fund that the government released last month. It’s a very detailed, technical backgrounder and will answer many of your questions. It sets out the governance details of the fund, including its implementation, mandate, operations, financial instruments, investment approaches, performance metrics and transparency and accountability frameworks.

When the fund was first announced last spring, it came with a $15 billion investment, so parliamentarians should also anticipate additional funding requests through future appropriations. In other words, parliamentarians should expect to review and vote on legislation that will create the permanent governance structure of the fund that will seek additional funding.

When Minister Freeland appeared before us last week, I asked her to provide our committee with additional information with respect to the Canada growth fund. As I explained to her at the time, there is a bit of uneasiness among senators in signing off on this initial sum of $2 billion when the governance structure and operational requirements are not yet established. She reminded us of the importance of having a mix of policies in our toolkit to accelerate our green transition and stimulate our economy. She explained that the fund is intended to de-risk private-sector investments in new technologies on a project-by-project basis, to create the jobs of the future and to reduce GHG emissions.

Minister Freeland also told us, in response to a question from Senator Gignac, that the government quickly understood three things earlier this year. She stated:

 . . . first, the green transition is essential and urgent for Canada; second, the green transition will cost a lot and we will need additional funds; and third, government funding won’t be enough. The government will have to create the conditions to attract private capital. That’s what we understood in the spring, and that’s why we created this fund.

I agree with the minister. I believe that the Canada growth fund is an important, timely measure and I’m confident it will succeed in attracting the necessary investments to help us achieve our objectives for a green transition.

For example, our committee received as witnesses representatives from chambers of commerce, small business, the hydrogen and fuel cell sector, the labour sector and the energy storage sector, and they all welcomed the creation of the fund. In fact, the representative from the Canadian Hydrogen and Fuel Cell Association urged the government not to delay implementation of the Canada growth fund and to avoid the mistakes of the Canada Infrastructure Bank, which, according to some, took a while to get off the ground.

We need investment now.

I understand the hesitancy of some senators in approving such a measure without a permanent structure in place. However, I agree with both the minister and many stakeholders that Canada cannot afford to lose capital investments to our neighbours to the south. We need to compete and we need to create an environment that encourages growth, productivity and new and innovative technologies. Time is of the essence.

I’m looking at Senator Marshall now. I have no doubt she will have a thing or two — or even three — to say about the Canada growth fund, but at this time I will simply end by saying that I commit to monitoring the implementation and activities of the Canada growth fund as it begins its work. I know many, including Senator Marshall, will put pressure on the government so the corporate structure is established as quickly as possible and that the values and objectives listed in the technical backgrounder are honoured. I certainly heard some of the concerns raised in committee and in the media, and I commit to following the progression of this very important initiative.

The Canada growth fund is all about attracting foreign investments to green our economy. But helping foreign nations is also part of Canada’s DNA, which is why the government is proposing to make amendments to the Bretton Woods and Related Agreements Act. For those who may be unfamiliar with Bretton Woods, this act gives the Minister of Finance the authority to provide financial assistance to a foreign state if the Governor-in-Council is of the opinion that it is in the national interest to do so.

Currently, the maximum amount Canada can give to any one state is US$2.5 billion, and US$5 billion in respect to all foreign states. Since the beginning of Russia’s illegal invasion of Ukraine, Canada has already disbursed C$2 billion in direct financial assistance to Ukraine and committed an additional C$500 million through the issuance of a Ukraine Sovereignty Bond.

Two simple changes are being proposed in Bill C-32. First, the maximum amounts have never been increased since the establishment of the act in 1998. The government is proposing to increase the amounts to $7 billion and $14 billion, which more or less accounts for 25 years of inflation. The second amendment changes the currency in the act from U.S. to Canadian dollars. I want to make it clear that no funds are being allocated with this measure. The government is simply asking to lift the ceiling on support that Canada can offer.

The final section of the bill I want to address is Division 3 of Part 4, which deals with the First Nations Land Management Act, which was first adopted in 1999 and ratified the Framework Agreement of 1996 relating to First Nation land governance outside the Indian Act.

The proposed legislation appearing in Bill C-32 will eliminate duplication in the act and create clarity for all partners involved. It’s a First Nation-led, co-developed initiative that would replace the First Nations Land Management Act with more concise legislation. It would continue ratification of the nation-to-nation Framework Agreement and better support this agreement as the central authority through which First Nations transition away from the application of the 44 lands-related sections of the Indian Act.

It’s worth pointing out that at a special meeting of First Nations signatories to the Framework Agreement, a resolution on the proposed bill — what we have before us today — was presented and received unanimous support from First Nation signatories.

Our Indigenous Peoples Committee reviewed this section of the bill and reported back to the chamber on December 5.

Much has already been said about this section of the bill last week. Senators McCallum, Patterson and Francis, who all serve on the committee, shared with us their concerns with respect to the submission provided by the Manitoba Keewatinowi Okimakanak, or MKO, and their request for some amendments related to law enforcement on their lands.

I will not say too much on the matter today. Rather, I will address the matter more fully later this week at third reading. However, if I might, I will simply put on the record some of the comments shared with us from the Lands Advisory Board and the First Nations Land Management Resource Centre.

In a letter dated December 9, Chief Robert Louie, Chair of the Board, confirms that they are “generally supportive of MKO’s position and efforts on First Nation Law enforcement,” but they are not able to support any amendment to the act for the following reasons:

We do not have the approval of the signatories to the Framework Agreements to make any changes to the FAFNLMA wording . . . . Amendments to the Act would create an inconsistency with the guiding Framework Agreement document, which is to say there is nothing in the Agreement now that addresses or refers to the RCMP or Public Prosecutions legislation.

Chief Louie adds that the Lands Advisory Board hopes to continue to support and work with MKO and is:

. . . proposing to continue its joint work on enforcement with Provinces and the Federal government and to continue to obtain its direction from signatory First Nations regarding any appropriate changes to the Framework Agreement.

As Chief Louie writes — and I agree:

. . . granting amendments to the FAFNLMA before seeking First Nation approval is counterproductive to the mutual respect and nation to nation relationship we have worked so hard to build and maintain since the signing of the Framework Agreement in 1996.

I will have more to say on this at third reading.

It would be unlike me to speak to an economic bill without offering a few comments of my own on the current state of our economy.

The Fall Economic Statement was an opportunity for the government to provide Canadians with a mid-year update on the country’s economic growth and the state of its finances. The statement also included the government’s outlook for revenues, program expenses and long-term economic projections.

Like most countries, Canada’s reaction to the pandemic was quick, early and swift. The government provided individuals, families and businesses with the necessary financial support to make ends meet. Despite extraordinary spending measures, Canada is coming out of the pandemic in a relatively good position.

I’ve been working with numbers for most of my life and I can assure you that you can make numbers say what they want. It’s all a matter of perspective, of comparison and of the way one may spin things. As an independent senator, I truly believe that Canada’s economy is faring better than most countries. I agree that we are not out of the woods yet, and there is still a lot of work to be done, but I’m hopeful we are on the right path.

As we all know, Canada’s economy is now 103% the size that it was before the pandemic. Our economic growth so far this year has been the strongest, and our net debt-to-GDP ratio is the lowest among G7 countries. The unemployment rate is 5.1%, and inflation is slowly coming down after peaking in June, thanks, in part, to lower gasoline prices and to the Bank of Canada’s monetary policy.

Last week, the bank increased the interest rate by another 50 basis points, to 4.25% — the seventh rate hike of the year — to lower inflation and bring it back down to its target rate. As the bank stated on the day of the announcement:

. . . Governing Council will be considering whether the policy interest rate needs to rise further to bring supply and demand back into balance and return inflation to target.

The bank is resolute in its “commitment to achieving the 2% inflation target and restoring price stability for Canadians.”

Of course, inflation is a major issue in Canada, but it’s not the only metric we should use to evaluate our economic position and the health of our economy. For example, among our G7 counterparts, only France and Japan have lower inflation rates than Canada. Canada’s jobs recovery has also outperformed most of its G7 peers and surpassed expectations.

In my humble opinion, the Fall Economic Statement was prudent, focused and not overly expensive. Yes, there are some major-ticket items that are necessitating significant sums of money in Bill C-32, but overall, the bill is expected to generate revenues and not increase deficits. This is good news, in my view.

At my request, I asked Minister Freeland’s office to provide us with a costing breakdown of all the measures contained in Bill C-32. I was pleased to see that between 2022-23 and 2027-28 the government is expecting net revenues of over $4 billion with Bill C-32. These revenues are attributed in good part to the Canada recovery dividend and the additional tax on banks and life insurers.

Some have argued that measures in this bill, in addition to the measures in the two Cost of Living Relief bills we adopted this fall, will further increase inflation and continue to put financial pressure on our economy and on the pocketbooks of Canadians. I would respectfully disagree. Other prominent Canadians agree with me.

Yves Giroux, the Parliamentary Budget Officer, or PBO, looked at the inflationary impact of Minister Freeland’s announcement in September, and he found that it will have a minimal impact on inflation. He believes it might be a 0.01% increase. This is from our PBO.

Mr. Giroux’s predecessor and Parliament’s very first PBO, Kevin Page, appeared before our Banking Committee on December 1, and we asked him about inflation. It was nice to see him. In response to a great question from Senator Gignac, Mr. Page briefly addressed the Fall Economic Statement, and submitted that there was a modest amount of measures in the statement, but he didn’t see it as inflationary. As he said — and I would agree — “Even if we have inflation, we still have to retool the Canadian economy so we reduce our emissions.”

The government made it clear in its Fall Economic Statement:

We are providing targeted inflation relief, because that is the right thing to do.

But we cannot support every single Canadian in the way we did with emergency measures at the height of the pandemic.

To do so would force the Bank of Canada to raise interest rates even higher. It would make life more expensive, for everyone, for longer.

So as the central bank fights inflation, we will not make its job harder.

I agree with this statement, while recognizing that lower‑income and moderate-income Canadians — and some of the most marginalized individuals in our communities — need the government’s help.

Furthermore, I was pleased to read in the news that Minister Freeland recently told her cabinet colleagues that if they want money for new programs in the next federal budget, they will have to provide at least 25% of new operating costs requested from money within their own departments — for example, by considering trimming expenses, or cutting some programs.

I very much welcome this initiative. If Canadians are expected to live within their means, Canadians also expect their government to try to do the same.

As Minister Freeland told us in this chamber in October, Canadians are cutting back on costs right now, and the government needs to do that, too.

Honourable senators, I am happy to report that I have reached the section in my speech that says in bold letters, “Conclusion.”

Senator Loffreda [ - ]

Two and a half pages. This is an important bill.

Colleagues, no bill is ever perfect, particularly with these massive bills that focus on the economy and address a number of issues. I have tried to address the most important issues, and will do so at third reading. As an independent senator, I am proud to sponsor this bill because I feel many of the measures in Bill C-32 will help address affordability challenges; raise revenues; assist Canadians with home ownership; implement measures to tackle tax avoidance and evasion; grow our small- and medium-sized enterprise, or SME, community; increase productivity and create jobs; and attract major foreign investments in order to grow our green economy.

In 12 days, many Canadians will be celebrating Christmas. Families and friends will gather in celebration of the most festive time of the year to talk about the past year, and to look to the future with hope and inspiration.

We know many Canadians are struggling, and have had a tough couple of years. Food banks and charities are having a difficult time keeping up with demand. But I’m sure most would agree that Canada has bounced back from the pandemic better than anticipated, and in a better position than its G7 counterparts.

We have countless reasons to be hopeful for what lies ahead. As Minister Freeland said, “. . . we have a well-built house with a solid roof, and we have survived far colder winters before.”

Colleagues, Canadians can look to the horizon and see a glimpse of hope that better days are coming. I am confident we will get through the upcoming economic slowdown and what I expect to be a mild recession. But we all know that winter always turns to spring, and flowers will be blooming in no time. Thank you.

Hon. Leo Housakos [ - ]

Senator Loffreda, will you take a couple of questions?

Senator Loffreda [ - ]

Always my pleasure to take your questions, Senator Housakos.

Senator Housakos [ - ]

Thank you, Senator Loffreda, for expressing very eloquently the government’s point of view as independently as you might have done. I will, independently of course, ask some questions on behalf of taxpayers in this country — starting with the fact that we saw the Auditor General put out a report very recently calling into question $27.4 billion of COVID spending that you allotted the government. Of course, we participated in getting a lot of that COVID spending out the door very quickly. Clearly now, the Auditor General has questioned the transparency of a lot of that spending.

What in this bill — what mechanisms — and what action has the government taken to make sure that a lot of the programs you just highlighted, and a lot of the new spending that will be taking place, will have better checks and balances than, clearly, the previous couple of budgets that we approved?

Senator Loffreda [ - ]

Thank you for the question, Senator Housakos. It’s very relevant as, in my previous life, I was an auditor — way back more than 20 years. I started in 1984. How many years is that? I lost count. It’s 38 years, right? So it’s over 20 years.

But I think what does matter here is there are a lot of measures that are there for tax avoidance. A lot of measures are there to show that fiscal responsibility is imperative. I think the government is showing that.

You are right; the Auditor General did state that there has been a lot of COVID spending that has been distributed that must be recovered. We have to recover those funds, so we have to put measures in place to adequately look over as to how they could be recovered.

But this bill — Bill C-32 — is basically the Fall Economic Statement. It’s going forward. It’s putting in measures of tax avoidance, updating the Income Tax Act and looking at ways that we could go against tax avoidance. I’m fully in support of these measures in the bill. Hopefully, in the future, we will have additional measures that will be productive, and go against the unnecessary COVID spending that did occur.

Senator Housakos [ - ]

Will the senator take another question?

Senator Loffreda [ - ]

Yes.

Senator Housakos [ - ]

Senator, of course, in the budget you talked about the Canada growth fund. Well, I can tell you that the only thing we have seen, over the last few years, that has been growing is — number one — deficits in this country because we’ve seen this government run deficits year after year. We have seen growth in the debt. We have a historic debt right now in this country — thanks, of course, in large part to successive budgets this government has passed.

Of course, as a former auditor yourself and a banker, you must be very concerned right now that, over the last couple of years, we’re spending significantly more to service the debt than we did a couple of years ago. As interest rates continue to climb, in large part because of inflationary policies — and as you have seen in this particular bill as well, you talk about stimulants. You talk about injection of funds which, in effect, are increasing taxes. You talked about a program where you’re taxing banks and insurance companies, and somehow the government makes it look like they are taxing the rich, but the truth of the matter is that will be passed on as well to Canadian consumers through higher insurance premiums, banking fees and so on and so forth.

Are you concerned that we are not doing enough to bring spending down, and to control the debt and deficit — and, as a result, as interest rates are growing, curb the interest we’re paying on the national debt?

Senator Loffreda [ - ]

Senator Housakos, there is always a concern. If I take a look at the last financial statement — as you know, I love the numbers — our debt stands at $1.134 trillion as of March 31, 2022. The federal debt-to-GDP ratio was 45.5% — down from 47.5% in the previous year. As reported by the International Monetary Fund, or IMF, Canada’s total government net debt-to-GDP ratio, which includes the net debt of the federal, provincial, territorial and local governments, as well as the net assets held in the Canada Pension Plan and the Quebec Pension Plan, stood at 33.2% in 2021. This is the lowest among the group of G7 countries, which the IMF expects recorded an average net debt of 101.2% of GDP the same year.

Obviously, interest rates are increasing. Like I said, this bill brings in net revenues. But to return to the Canada growth fund, because that’s the more relevant question here in this bill — in our committee, there was worry, or concern, about the permanent structure not being in place; the $2 billion is for the purchase of non-voting shares. But in my experience with many technology companies, the largest challenge to an acquisition was the integration.

In this case, the Canada growth fund — and I would always ask the technology companies, “Why are you merging, or why are we acquiring the company? Why don’t we have a clean slate or a blank sheet?” Because technology evolves so quickly that the equipment is obsolete; the ideas are obsolete. So it’s important to have a clean slate, move it forward, come up with creative new ideas and get the proper CEO and proper board in place.

The Canada growth fund, in this situation, is the right decision. It’s going forward. The technical backgrounder says it all.

I’m comfortable that the $2 billion is a fine investment. It’s to keep up with our major trading partner, the U.S., and many countries around the world. I have the list here of all the countries that have invested around the world. We’re just investing a portion of that. If we look around the world, the European Union has invested €26.2 billion, the Netherlands has invested €13 billion, France has invested €7 billion and Australia has invested $10 billion.

So I think that $2 billion for the Canada growth fund for start‑up costs to put it together with a clean slate and technology is important because the infrastructure is obsolete. At times, it’s important to start with a clean slate, a clean sheet of paper and the results are much better.

Like I said, the financial statement is here. I could spend 10 minutes going through it. But what is important is that we are in a better financial position than other G7 countries. We rank at the top of the list in many aspects of many measures and metrics. Inflation is not the only metric to measure economic prosperity. Other measures do so, such as job growth and job creation. There are 1 million job vacancies in Canada, and there are 1 million people not working in Canada. It’s important to bring solutions in this chamber and to look at solutions.

I’m comfortable with the bill. Thank you for your question.

Honourable senators, I rise to speak to Bill C-32, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022 and certain provisions of the budget tabled in Parliament on April 7, 2022.

Bill C-32 is comprised of four parts. Part 1 proposes 21 amendments to the Income Tax Act. Part 2 proposes amendments to the Excise Tax Act and this year’s Budget Implementation Act. Part 3 proposes amendments to the Underused Housing Tax Act, which was enacted last June as part of Bill C-8. I spoke to Bill C-8 at second reading and again at third reading. Part 4 of the act proposes a number of other measures, including an act entitled “Framework Agreement on First Nation Land Management Act.” Senator Francis spoke to that portion of the bill last week. Part 4 also includes clauses on eliminating interest on federal student loans and apprenticeship loans.

The proposed changes to the Income Tax Act in Part 1 of this bill will have a significant impact on tax revenues. Some amendments will increase tax revenues for the government while other amendments will reduce tax revenues. Finance officials told us that the net impact of these amendments will increase tax revenues by $4.2 billion over six years.

Government revenues, and especially tax revenues, have increased significantly over the past three years. Total revenues have increased 33% over a three-year period, from $334 billion in 2019-20 to this year’s estimated revenue of $445 billion, or 10.4% annually on average.

I have excluded the two COVID years from my calculations, and have compared financial information from 2019-20, the last year before COVID, to the current fiscal year.

Personal tax revenues have increased 24% over the three-year period from $168 billion in 2019-20 to this year’s estimated revenue of $209 billion, or 7.5% annually on average.

Corporate tax revenues have increased 82% over the three-year period from $50 billion in 2019-20 to $91 billion this year. That averages out to 22% annually over the three years.

In summary, the most significant increase in government revenues over the past three years is corporate tax revenues.

In this bill, the government is proposing additional taxes on corporations, including the Canada Recovery Dividend, the additional tax on banks and life insurers and the tax on the buyback of shares.

The Canada Recovery Dividend is a one-time 15% tax on banks and life insurers. It is based on 2020 and 2021 taxable income. It will be imposed for the 2022 taxation year, and it will be paid in equal instalments over five years. At this time, we are told it is a one-time tax.

Government estimates that this tax will increase corporate tax revenues by $800 million annually beginning this fiscal year and the following four years for total revenues of $4 billion over five years.

The additional tax of 1.5% on the taxable income of banks and life insurer groups applies to taxation years that end after April 7, 2022. Government estimates that this tax will increase corporate tax revenues this fiscal year by $290 million and over $430 million annually in each of four subsequent years. Total estimated tax revenues over the five-year period is $2 billion.

I expect the tax increases of the Canada Recovery Dividend and the additional tax on banks and life insurers will be passed on to consumers, further burdening Canadians with increasing costs as they struggle with high inflation and increasing interest costs.

Effectively, the banks are being taxed but they are passing it on to the consumer, so the additional revenues the government is collecting are really coming from consumers.

Bill C-32 also imposes a 2% tax on the net value of all types of share buybacks of public corporations in Canada. The government has indicated that the details of the new tax will be announced in Budget 2023 and would become effective January 1, 2024. Although the details have yet to be announced, the government estimates that this tax on share buybacks will increase corporate tax revenues by $2 billion over five years and will, as the government states in its Fall Economic Statement, “. . . encourage them to reinvest their profits in workers and in Canada.” It’s ironic that government thinks it can encourage corporations to invest in this country by increasing their taxes.

Mr. Alex Gray from the Canadian Chamber of Commerce, in an interview with The Hill Times, said that the tax will do little to change how corporations invest their earnings. Instead, it sends a discouraging message to Canadian businesses. A similar view was expressed by Mr. John McKenzie, Chief Executive Officer of TMX Group, Canada’s largest stock exchange operator. Mr. Don Drummond, a former associate deputy minister of finance, also told The Hill Times that he disagrees with the proposed tax. He went on to say he does not know why governments meddle in the affairs of businesses.

I do not see how increasing taxes on corporations will encourage them to invest in Canada. I think it would have the opposite effect.

Honourable senators, government spending has increased significantly over the past several years. For the four years between 2016 and 2020, which was the last year before the pandemic, government spending increased 5%, 6.6%, 5.6% and 7.4%, respectively. Compare those increases to this year. Expenditures in 2020, which was the last year before the pandemic, were $363 billion. This year, so far, the government expects to spend $472 billion, as indicated in the Fall Economic Statement and Supplementary Estimates (B), and we’re only part way through the year yet.

In other words, government expenditures increased from $363 billion in 2019-20 to this year’s $472 billion over a three‑year period, an increase of 30%, which equates to an annual average increase of 9%. The expenditures for this year do not, as yet, include some major expenses, such as increases to the Canada Health Transfer and the Department of National Defence.

The Canada Health Transfer is the largest federal transfer to the provinces and territories, and helps pay for health care. It is expected to cost $47 billion this year, increasing to $58 billion in 2027-28.

But we all know our health care system is in crisis, and provincial and territorial premiers are asking for much more — $28 billion more. That far exceeds what is included in the government’s spending plans.

There is also a commitment to increase additional funding for the Department of National Defence for aircraft, ships, submarines, NATO and the modernization of NORAD.

They are also increasing the size of the public service, which has now grown to almost 400,000 members, as indicated in a recent report by the Parliamentary Budget Officer. We do not know what impact inflation will have on the salaries and benefits of its members, but it is expected to be significant.

While government is forecasting declining deficits over the next four years and a surplus in 2027-28 — the fifth year — I cannot see this happening given the spending patterns of this government and the forecast of a recession next year. In fact, the Fall Economic Statement indicates that tax revenues this year will increase by $37 billion more than the estimate in April’s budget. Rather than use that $37 billion to reduce the deficit, government actually spent $21 billion in additional expenditures and debt service charges, leaving only $16 billion to put toward the deficit.

Honourable senators, while increased taxation on corporations and individuals may be seen by the government as a source of revenue to pay for increasing expenditures, increased taxes can have a negative impact on the economy. Both individuals and corporations are mobile and can move to friendlier jurisdictions.

Since government expenditures exceed government revenue, the government has been taking on more and more debt to fund the shortfall. In my past speeches in the Senate, I have indicated how the cost of servicing the government’s debt is increasing. As estimates are refined with the release of each financial document, it is easy to see that interest costs are on a significantly upward trajectory. Despite warnings that additional debt poses the risk of significantly increasing debt servicing costs, the Minister of Finance has assured us on numerous occasions that the government can easily absorb the cost of the additional debt and that the interest on this debt will remain low.

In her 2021 budget speech, the Minister of Finance told us that, in today’s low interest rate environment, not only can we afford these investments, it would be short-sighted of us not to make them. She continued on to say that the government has issued an unprecedented level of long-term bonds at low interest rates to ensure Canada’s debt is sustainable and will not weigh on future generations.

The problem with her plan is that this government does not pay down its debt. It just replaces maturing debt with new debt, which may be financed at higher interest rates. Contrary to what she says, it does weigh on future generations because we are not paying down this debt. Rather, it will be transferred to future generations, and they will have to pay the interest costs — and pay off the debt.

With the increase in interest rates, we can now see the impact it is having on government expenditures. In November of 2020, just two years ago, the government told us that debt servicing costs this year would be $22 billion. In this fall’s economic statement, it has increased from the $22 billion to $35 billion, an increase of 60%. The government’s debt servicing cost is now one of its most expensive programs.

As I’ve already indicated, government revenues are not sufficient to pay for all of government spending, so the shortfall is borrowed. As a result, it is important to oversee government borrowing as there is a legislated ceiling for its debt.

Two years ago, the government amended the Borrowing Authority Act to increase its legislated debt ceiling from $1.168 trillion to $1.831 trillion as of March 31, 2024 — a 56% increase over a three-year period. It’s challenging for parliamentarians to track the current debt at a specific time because this information is not readily available. It is only disclosed in the Public Accounts of Canada. To obtain a more current number, one has to calculate it using the Public Accounts of Canada, monthly reports of The Fiscal Monitor and the financial statements of Crown corporations.

At March 31, 2015, the debt of the government was $918 billion. The most recent Public Accounts of Canada, as of March 31, 2022, indicate that the debt is now $1.5 trillion. Since March, it looks like the government has borrowed — and this is my estimate from looking at The Fiscal Monitor reports — another $10 billion. So government debt is now approaching $1.6 trillion, an increase of $640 billion since March of 2015.

The increase in debt servicing costs is not only attributable to rising interest rates; it is also attributable to a significant increase in government borrowings.

In its annual budget documents and fall economic statements, government provides updates on its borrowing strategies, but there is less information on what actually happened with the debt. So far, we have received two debt management strategies for this year telling us what will happen into the future. But as of today, there is no debt management report telling us what exactly has happened last year. Section 49 of the Financial Administration Act requires government to table its annual report on its debt management program within 30 sitting days after the Public Accounts of Canada have been tabled.

Since the Public Accounts of Canada were tabled on October 27, the Debt Management Report should be tabled by its legislated deadline of December 15, which is this Thursday.

It is now December 13, two days before the legislated deadline, and we’re still waiting. I understand now that the House of Commons may actually adjourn tomorrow, thus deferring the Debt Management Report for last year into the next year. The government is not an enthusiastic supporter of openness, transparency and accountability.

Of the 21 amendments to the Income Tax Act, 5 are related to housing. I will speak to three of the amendments.

Part 1 of the bill proposes to introduce a tax-free first home savings account, a doubling of the First-Time Home Buyers’ Tax Credit and introduce a multigenerational home renovation tax credit.

The Tax-Free First Home Savings Account will allow a potential homeowner to save up to $40,000, or $8,000 annually, tax-free, which can be used to purchase a home. There already exists the Home Buyers’ Plan, which allows home buyers to withdraw up to $35,000 from their RRSPs, which can be used to purchase a home. However, any withdrawals from the RRSP must be repaid within 15 years.

The Parliamentary Budget Officer estimates that the Tax-Free First Home Savings Account will cost $731 million in 2023-24 and $2.5 billion in total over the following three years. While these initiatives sound helpful, it is unrealistic to think that young people will be able to save $40,000 in the Tax-Free First Home Savings Account or use the money in their RRSP if it has to be replaced.

The cost of housing has increased significantly over the past number of years, and interest rates are rising. While the average cost of a home has decreased over the past year, interest rates are rising, and we do not know if or when they will come down.

Bill C-32 also proposes to double the First-Time Home Buyers’ Tax Credit from $5,000 to $10,000 for homes purchased on or after January 1 of this year. This tax credit is non‑refundable. The Parliamentary Budget Officer estimates that the First-Time Home Buyers’ Tax Credit will cost $115 million this year and $470 million over the following four years.

The third housing initiative proposes a refundable multi-generational home renovation tax credit, which, starting January 1, 2023, would provide up to $7,500 to construct a secondary suite for a family member who is a senior or an adult with a disability. I think the government wants to start us doubling up.

Honourable senators, the housing sector has become a key vulnerability of the Canadian economy, a point raised by the Superintendent of Financial Institutions, the President of CMHC, the International Monetary Fund, the Governor of the Bank of Canada and many think tanks and economists.

Interest rates have increased significantly, which has increased homeowners’ mortgage payments. In many cases, the outstanding balances on mortgages now exceed the original amount of the mortgage, or the value of homes are now less than their mortgages. In addition, the unmortgaged debt is increasing as Canadians who are struggling to cope with inflation take on more debt to pay for food, fuel and other necessities. They are using their credit cards to buy their groceries.

While the proposed amendments to the Income Tax Act for potential homeowners may help some homeowners, a more comprehensive solution to the housing crisis is needed. Simply providing some financial assistance to some homeowners will not fix the housing problem.

Part 4 of Bill C-32 will provide the Minister of Finance with $2 billion to buy shares in an unnamed, non-existent corporation. The bill provides no —

The Hon. the Speaker [ - ]

Senator Marshall, I apologize. I must interrupt you. It is now 6 p.m. Pursuant to rule 3-3(1), I must leave the chair until 8 p.m. unless it is agreed that we do not see the clock. Is it agreed that we do not see the clock?

The Hon. the Speaker [ - ]

I hear a “no.” I apologize, Senator Marshall. You will be given the balance of your time when we resume at 8 p.m. The sitting is suspended until 8 p.m.

Back to top