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Welcome to meeting number 20 of the House of Commons Standing Committee on Finance.
Pursuant to the House of Commons order of reference adopted on Thursday, February 10, 2022, the committee is meeting on Bill , an act to implement certain provisions of the economic and fiscal update tabled in Parliament on December 14, 2021 and other measures.
Today's meeting is taking place in a hybrid format pursuant to the House order of November 25, 2021. Members are attending in person in the room and remotely using the Zoom application. Proceedings will be made available via the House of Commons website. The webcast will always show the person speaking rather than the entirety of the committee.
Today's meeting is also taking place in the webinar format. Webinars are for public committee meetings and are available only to members, their staff and witnesses. Members enter immediately as active participants. All functionalities for active participants remain the same. Staff will be non-active participants. They can therefore only view the meeting in gallery view.
I'd like to take this opportunity to remind all participants to this meeting that screenshots or taking photos of your screen is not permitted.
Given the ongoing pandemic situation and in light of the recommendations from health authorities as well as the directive of the Board of Internal Economy on October 19, 2021, to remain healthy and safe, all those attending the meeting in person are to maintain a two-metre physical distancing and must wear a non-medical mask when circulating in the room. It is highly recommended that the mask be worn at all times, including when seated. Members must maintain proper hand hygiene by using the provided hand sanitizer at the room entrance. As the chair, I will be enforcing these measures for the duration of the meeting. I thank members in advance for their co-operation.
To ensure an orderly meeting, I'd like to outline a few rules to follow. Members and witnesses may speak in the official language of their choice. Interpretation services are available for this meeting. You have the choice at the bottom of your screen of floor, English or French. If interpretation is lost, please inform me immediately, and we will ensure that interpretation is properly restored before resuming the proceedings. The “raise hand” feature at the bottom of the screen can be used at any time if you wish to speak or alert the chair.
For members participating in person, proceed as you usually would when the whole committee is meeting in person in the committee room. Keep in mind the Board of Internal Economy's guidelines for mask use and health protocols.
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This is a reminder that all comments by members and witnesses should be addressed through the chair. With regard to a speaking list, the committee clerk and I will do the best that we can to maintain a consolidated order of speaking for all members, whether they are participating virtually or in person.
The committee agreed that, during these hearings, the chair will enforce the rule that the response by a witness to a question take no longer than the time taken to ask the question. That being said, I request that members and witnesses treat each other with respect and decorum. If you think the witness has gone beyond the time, it's a member's prerogative to interrupt or ask the next question and to be mindful of other members' time allocations during the meeting.
I also request that members not go much over their allotted question time. Though we will not interrupt during a member's allotted time, I'd like to keep you informed that our clerk has two clocks, one for our members and the other for witnesses.
I would now like to welcome our witnesses.
Joining us as an individual—
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I look to the members. That would take up some of the time for witnesses.
Some hon. members: Agreed.
The Chair: It looks like members are in agreement. We'll allocate some time at the end of the meeting.
Thank you, MP McLean.
I apologize to our witnesses for that slight interruption.
As an individual, we have Patrick Taillon. He's a professor and associate director of the centre for constitutional and administrative law studies, faculty of law, Université Laval. We have, from the Canadian Chamber of Commerce, Mark Agnew, senior vice-president, policy and government relations. From the Office of the Parliamentary Budget Officer, we have Yves Giroux, Parliamentary Budget Officer, and Louis Perrault, director, economic analysis. From Transparency International Canada, we have James Cohen, the executive director.
We're now going to hear opening statements from each of the witnesses, one from each of the groups. They'll have up to five minutes to make their opening remarks before we move to members' questions.
We'll start with Patrick Taillon, as an individual, for five minutes, please.
I would like to start by thanking the members of the committee for inviting me today.
I will keep my remarks brief, focusing only on the underused housing tax.
Let me be clear. I am not criticizing the appropriateness of the policy measure. In the midst of a housing crisis, with prices soaring, the measure is probably a good idea. As a citizen, at least, I see it as a good idea. As a public law professor, I don't have the expertise to say whether the measure can be effective.
However, being a good idea is not an excuse to flout our constitutional principles. From the Charter of Rights and Freedoms to the division of powers, the spirit and letter of the Constitution must be respected. Without the prior consultation of the provinces or an agreement with them—in other words, without some legal due diligence—this good idea has vulnerabilities.
It is clear that the pith and substance of the measure involve the regulation of housing law, and there is no doubt that the provinces have exclusive jurisdiction over housing when it comes to private law, specifically, property and civil law and, generally, in relation to social policies and local affairs.
To overcome that obstacle, to find a way around the division of powers set out in the Canadian Constitution, the drafters of the bill have endeavoured to disguise a regulatory measure—one intended to penalize certain housing practices—as a tax, a new tax. With this tax, the federal government is, for the first time in the history of Confederation, at least, to my knowledge, encroaching on a form of taxation thus far left, and rightly so, in the hands of local authorities at the municipal and provincial levels. I am referring to the property tax.
I see two possible scenarios. The first is to frame the measure as a way of regulating housing law, which would likely make the measure unconstitutional because it goes beyond the jurisdiction of Parliament.
[English]
In other words, the bill is obviously and directly linked to the housing law. Therefore, the bill is unconstitutional. The essential character of the bill, its pith and substance, is provincial.
[Translation]
That is the most logical way of framing the measure. Ultimately, only the courts can confirm that interpretation of the situation, after the fact, and if they do, it will automatically lead to the nullity of the measure.
Otherwise, the second scenario, or possible interpretation, is to conceal the true character of the measure behind the tax penalty associated with this federal regulation of housing law. To do so would be to claim that this is merely a tax, setting a dangerous precedent. Introduced without the benefit of co‑operative federalism, the measure would likely upset the delicate fiscal balance of the Canadian federation.
[English]
In other words, if the bill is interpreted as a new tax, the bill will be unfair. Without negotiations and the co-operation with the provinces, a federal property tax compromises our fiscal balance. Since Confederation, the property tax has been a local and provincial tool. It's not a good idea to borrow this tool from local authorities.
[Translation]
In short, if co‑operative federalism means anything, the very least the government can do is consult the provinces and negotiate agreements to implement this policy, in keeping with the spirit and letter of the Constitution. The co‑operative mechanism should not, for that matter, allow the federal government to exert any authority over property tax.
To be sure, Canadian federalism involves competition over taxation. The federal government has the right to use all fiscal tools, but the measure in question would genuinely have to be a tax.
It's not enough to call it a tax for the courts to believe it. In all cases, federal authorities must act with a minimum of co‑operation to give every partner in Confederation the necessary and appropriate fiscal space to do what it needs to do.
History has taught us that, once the federal government enters into a taxation arena, it never leaves. During the First World War, the corporate income tax that was introduced was supposed to be temporary. During the Second World War, the personal income tax, warranted under the exceptional circumstances at the time, was also supposed to be temporary. Ultimately, when the government levies a form of taxation, it has a hard time rolling it back.
In conclusion, property taxation is a highly valuable tool, not just for the provinces, but also for local authorities under provincial jurisdiction, so school boards and municipalities.
The fiscal balance within the Canadian federation is already extremely delicate, but will grow more so in the years ahead. Federal underfunding of health care, coupled with skyrocketing needs and backlogs caused by the COVID‑19 pandemic, will put a significant strain on provinces' financial resources. This is not the time to borrow from their fiscal tool box.
Under federalism, the exclusive jurisdiction of the provinces over housing is supposed to be respected and the obligation of co‑operation among the partners in Confederation is supposed to be fulfilled, especially in the area of taxation. There are many ways to solve the problem. It might seem as though they require more time and negotiation, but that is always preferable to a court decision repealing the measure after the fact.
In its current form, the bill has legal vulnerabilities. Even if the courts were to deem it valid, it would likely stifle, or compete with, the very modest fiscal capacity of municipalities and school boards, not to mention provinces.
Thank you.
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Chair and honourable members, it's a pleasure to be back at this committee.
The economic and fiscal update, which I'll call EFU for short, included a number of critical elements for Canadian businesses. I want to focus my remarks on both the elements within Bill and provide a broader perspective on some of the elements from the EFU.
The first element where I want to underscore our strong support is the funding that was brought in for rapid testing. The Canadian Chamber has seen first-hand the benefits of rapid testing through our rapid testing initiative that distributed over eight million rapid test kits across the country through local chambers directly to small and medium-sized enterprises. Simply put, these kits are helping many businesses stay open, increasing both employee and consumer confidence. Certainly, we believe the rapid tests will remain a critical part of the tool kit as we navigate the endemic existence of COVID-19 in the months and years ahead.
The second element where I want to voice our support is related to the small businesses air quality improvement tax credit. Given the transmission vectors for COVID, we need to maintain support for ventilation to again ensure safe workplaces that will build confidence for consumers as these consumer-facing businesses continue to ramp up their capacity under provincial health regulations.
The third element I want to briefly highlight is the refundable tax credit to support farmers. The impacts of climate change on agriculture have given the industry a stake in taking action, and it is ready to do its part. However, inflationary costs are affecting farmers who face unique needs in Canada. The credit in Bill is a welcome start, but some of the industry will certainly need more. For example, in harsh climates, where grain drying is important or heating for livestock is needed, higher proportions of carbon-based energy products are used. Certainly, we encourage parliamentarians to look at building on Bill going forward, such as the study of Bill .
Shifting briefly to the contents of the broader EFU, I want to highlight a few other areas of interest to parliamentarians and the Canadian business community.
The Canadian Chamber was glad to see an extension to HASCAP, given the challenges still facing businesses, as well as the streamlined deduction for home office exemptions, given that we're expecting remote working to continue for the remainder of the 2022 calendar year for many business operations.
We also noted in the EFU the subsequent extension that was announced for CEBA payments to December 2023. This is a welcome step for many of our members, and we hope there can be a further 12-month extension through to December 2024. Underscoring the support, I'd like to point out to members that we had our chamber annual general meeting last autumn, where the extension through to December 2024 was voted on and supported overwhelmingly by delegates from across the country to support those from the hardest-hit sectors.
We also noted the government's continued intent in the EFU to move ahead with a digital services tax, which was recently affirmed in a ways and means motion tabled just before the Christmas recess. The chamber continues to have concerns with not only the design features in the bill but also the retroactive application and the issues that it poses in our relationship with the United States. We hope the government will instead prioritize its efforts toward the multilateral digital services tax agreement that's been agreed by the OECD and G20.
Finally, we also noted that the EFU underscored the government's intent to move ahead with a tax incentive to support carbon capture, utilization and storage. Again, that is welcome news for our members, and as the country makes a transition toward net zero 2050, there is certainly no panacea. With a range of tools, CCUS will be a critical item for the realities of the Canadian economy, not only for the oil and gas sector but also for other sectors like fertilizer, cement and utilities. The tax credit's design and rates not only need to ensure the credit is viable but also recognize that CCUS is going to be a critical part of Canada's transition toward net zero 2050 and also our short-term 2030 climate targets.
Thank you for the opportunity to comment on both the contents of Bill as well as the broader economic and fiscal update.
I look forward to taking questions from members in the Q and A.
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Good afternoon, Mr. Chair, vice-chairs and members of the committee.
Thank you for inviting me to appear today.
With me today, I have Louis Perrault, director, economic analysis.
My office has published costing notes addressing several measures in part 1 of Bill . First, we prepared a costing of the measure to increase the eligible educator school supply tax credit from 15% to 25% for eligible teaching supplies of up to $1,000. We found that this measure would cost approximately $7 million in each tax year.
On January 31, we also released a costing of the underused housing tax act measure, which would implement a 1% tax on the value of dwellings owned by non-resident, non-Canadians that are vacant or underused. We estimated that this measure would generate $130 million in tax revenues in 2022‑23 and an estimated total tax revenue of $600 million over the next five years.
[English]
We also costed the small businesses air quality improvement tax credit, which would provide a 25% refundable tax credit for the installation or upgrade of ventilation and air filtration systems in small and medium-sized businesses. We estimate that this credit would cost $165 million over the next five years, beginning in the current fiscal year.
Finally, we released a report this morning providing an assessment of house prices relative to a household's capacity to borrow and pay for the purchase of a house in selected Canadian cities. We found that, at the end of 2021, the average house price was more than 50% above what a household earning average income can afford in Hamilton, Toronto, Halifax and Ottawa, and between 30% and 45% of what the average household could afford in Vancouver, Victoria and Montreal.
I would be pleased to answer any questions you may have about our work as a whole. My office and I look forward to reviewing your suggestions on how we can best serve the committee and help you in your work examining Bill and throughout the 44th Parliament.
Thank you.
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Mr. Chairman and members of the committee, thank you for inviting me back to speak to you today.
My name is James Cohen, and I am the executive director of Transparency International Canada. TI Canada is a registered charity and is the Canadian chapter of Transparency International, the world's leading anti-corruption movement.
Concerning Bill , I would like to focus my remarks on part 2, the underused housing tax act. Here I would draw the committee's attention to the difficulty that the government will face identifying what is outlined under “Interpretation and General Rules of Application” as “specified Canadian corporation”.
Canada has had weak beneficial ownership laws, which have allowed individuals to hide their identity behind anonymous corporations, trusts and nominees. A foreign buyer of Canadian property could funnel their funds, whether licit or illicit, through various jurisdictions, ultimately landing in an anonymous Canadian incorporated company with nominee directors signing for it.
In 2016, TI Canada's report “No Reason to Hide” found that out of the 100 most valuable properties in Vancouver, no one truly knew who owned 46% of them. In a 2016 report called “Opacity: Why Criminals Love Canadian Real Estate (And How to Fix It)”, TI Canada and our partners conducted a risk assessment of money laundering vulnerabilities in greater Toronto area real estate. Between 2008 and 2018, we found that companies owned 37% of homes valued at more than $5 million, and more than half of homes over $7 million.
I would like to stress that there is nothing inherently illegal about establishing a numbered company or purchasing a property through one. However, I flag these numbers to the committee as a warning on a critical hurdle that will face the underused housing tax act.
Thankfully, there is progress being made on beneficial ownership transparency in Canada. TI Canada applauded the government for proposing a publicly accessible corporate beneficial ownership registry in the 2021 budget. The government recommitted to this proposal on the world stage at the U.S.-hosted Summit for Democracy in December last year. Canada has to wait some time for the registry, however, as it has been pledged for 2025.
Until it is up and running and developed to a high standard to verify data, there is still the problem of anonymous corporations being used to purchase property. As well, the provinces and territories need to help this effort by also legislating beneficial ownership transparency. British Columbia has the land ownership transparency registry, although it has flaws. Quebec passed Bill 78, which will make beneficial ownership information publicly available on their corporate registry.
Going forward, I would encourage all federal parties to converge on agreement about the need for the publicly accessible beneficial ownership registry and speak with provincial and territorial counterparts to bring them on board. In the context of housing, it will help to add supply without even hammering a nail.
Thank you. I am happy to take any questions from the committee.
I'd like to thank all of you for your testimony. It's very much appreciated.
As you are all aware, Bill was a fiscal aid update. Its stated purpose was to help the Canadian economy recover from the pandemic. However, in the interim, we've had another significant event. The government's escalation of the Ottawa protest has now led to the invocation of the Emergencies Act. Among the powers the government has given itself is the ability to freeze dissenters' bank accounts. I'll read from the proclamation. It says that payment processors must:
...report certain transactions to the Financial Transactions and Reports Analysis Centre of Canada and to require any financial service provider to determine whether they have in their possession or control property that belongs to a person who participates in the blockade....
In the 's comments to the media, he clearly included political dissent in those comments.
My concern is for the economy and the economic impact that will have.
Perhaps I'll start with you, Mr. Taillon. If, in fact, the government overreached with these powers and Canadians felt as though their assets were exposed and could potentially be frozen because of political dissent, what impact could that have on the economy?
I want to start by welcoming the witnesses, and thanking them for their participation and presentations.
My questions are for Mr. Taillon and have to do with the underused housing tax. As he pointed out, it may be a good idea if the purpose is to alter the behaviour of owners of properties that are vacant.
According to what the Minister of Finance said during the debate in the House, we are facing a housing and residential property shortage. There aren't enough houses and condos, so this is a way to make the housing supply more accessible to people. She said that the introduction of the underused housing tax would be one of many tools aimed at encouraging property owners not to leave dwellings vacant.
We discussed the measure with department officials at the last meeting. I know Ms. Dzerowicz and I pointed out that the purpose of the measure was to influence the behaviour of certain individuals. Foreign owners of underused residential units, condos and houses will be taxed, not to add to the government's coffers, but to influence those individuals' behaviour. Now, I'll turn to my question.
Mr. Taillon, if the point of the measure is not really to bring in tax revenue for the federal government, but to penalize a certain behaviour, do you think that will influence how judges interpret the law?
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Yes. Just because you call something a cat doesn't make it a cat, but the courts always have the last say. They will consider the purpose and true impact of the law. The government can make its intentions clear and say that, on the surface, it is fundamentally a tax. That may be true, but there is a risk.
Mr. Chair, in his question, the committee member pointed out the most important consideration. Insofar as the government is not really trying to generate tax revenue and the main objective is to influence behaviour, the measure is in fact a regulatory one that seeks to regulate or control behaviour, despite being in an act. It has to be tied to an area of jurisdiction, in this case, housing. However, housing is property, and property and civil law have always been the domain of the provinces under Canadian federalism. That fact is all the more important when you consider Canada's bijural tradition. In other words, civil law addresses private law matters in Quebec and common law applies in the rest of Canada, a tradition that is grounded in respect for provincial private law.
Obviously, the federal government has developed all kinds of tools to play a policy role in housing—I was going to say strategies, since it is called the national housing strategy, after all. When such actions are taken in a co‑operative way, so in co‑operation with the provinces, to help them assume their constitutional responsibilities, those actions can be approved by the courts. In that case, though, the action is subject to certain limits.
For example, when the federal government spends money on areas of provincial jurisdiction—not that I'm saying it's right—the courts tolerate it, provided that the spending doesn't reflect a desire to regulate or adopt legal standards to encourage or impose certain behaviours.
Therefore, it's a national housing strategy that is based on the federal government's authority to spend, which applies to aspects of housing that concern the federal government such as indigenous housing. That makes sense. Here, however, the government is going a step further. In an act, the government is trying to govern, regulate, control or encourage certain behaviours and discourage others. As long as the purpose is to discourage behaviours, not criminalize them—because the federal government has jurisdiction over criminal law—federal lawmakers cannot adopt such measures.
That gives rise to this idea of disguising it as a tax, and the courts may very well say that it is indeed a tax. I personally, don't think so, but maybe they will. If they do, the other problem I mentioned still exists, fiscal balance. This deals with the only form of taxation not administered by the federal government. That means some sort of mechanism needs to be put in place. It's clear to me, after reading the bill, that the federal agency responsible has to develop a certain number of tools for the delegation of authority to oversee and administer a property tax, which is something different from collecting sales tax, corporate profit tax or what have you.
Once the government has the mechanism to administer property tax, it will be hard to resist the urge to look for more and more good ideas to fill that space. Canadian history has taught us that. Inevitably, this would disadvantage the provinces, municipalities and school boards, which not only use the tax, but also sorely need it.
Thanks for that rousing applause from my colleagues here.
I do appreciate all of the witnesses appearing today. I want to thank you for taking the time to speak with the committee.
Bill is an important piece of legislation, which is obvious, but I do find it interesting.... My questions will be focused on Bill C-8 primarily and I'll try to stick to the bill as much as I can. It's interesting to me in a sense that we're meeting today discussing anything but the emergency measures act. I've been sitting here and I've been thinking this all week, and I'm not sure if it's relevant to the bill.
If it was truly national security, why was I permitted as a member of Parliament to walk seven or eight blocks through demonstrators every evening to get a cab? If my life was in danger, wouldn't I have armed guards with me or a bulletproof vest? Wouldn't they find a different way for me to get home at night?
I have four kids, and I'm going to be honest. I've walked through that demonstration for two weeks now, and I've never, ever felt threatened walking through it. If it actually is a national security issue, I think it's important that members of Parliament are not at all protected in that situation. I wanted to say that today.
The part of the legislation that I'm most drawn to is part 2, the underused housing tax act. As it pertains to my role as shadow minister for national revenue and pairing that with the latest report of inflation from Statistics Canada and the Parliamentary Budget Officer's reaffirmation that home prices are steadily climbing, I have a great deal of concern that this is simply a tax grab for the government that will mostly likely have zero impact on Canadians being closer to affording a new home. I also have concerns that other countries will impose the same tax on Canadians like snowbirds, who are already facing 30-year-high inflation.
My question is for Mr. Giroux.
I appreciate your being here today. How did you first come to the conclusion that this tax would generate $134 million while the government was suggesting it would generate $200 million? Obviously there's a 33% difference between the two, and I was just curious to see how you came up with your number and how it looks today.
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I had a feeling you'd say that, but I didn't know for sure. I appreciate that.
Then again, here's another example of how this government doesn't understand what impact this will have on the financials for Canadians or their tax dollars.
Today's report from the PBO confirms what many Canadians already know first-hand, that the dream of home ownership or an affordable place to live is far out of reach and is worsening under the Trudeau government. Home prices continue to rise every month, and since the came to office, home prices in Canada have nearly doubled. That means that the same home that was $300,000 in 2015 is most likely priced at $600,000 today, and a half-million dollar home is now reaching a million dollars.
This failure to address skyrocketing home prices has reached crisis levels after a mere six years of government. Home prices in Canada are completely unaffordable for Canadians, and there is no end in sight. For Canadians in Hamilton, Toronto, Halifax and Ottawa, for instance, home prices are 50% above affordable levels. For Canadians in Vancouver, Montreal and Victoria, homes are up 45% above affordable levels.
The government has had six years to fix the issue. Instead, they have let it turn into an affordability crisis and continue to refer to it as simply a global phenomenon. Canadians who care about having an affordable place to call home or have hopes of one day owning their own home can't afford more of the 's failed leadership on housing.
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Thank you for your question.
We try to look at what could be driving the increases in house prices. One area people usually look to when looking at the demand for housing is household formation, so the demographic factor. Not only do people need somewhere to live, but they also need somewhere to live if there's.... As the population grows or people turn the age where they normally leave their parents' house, there's greater demand for housing. We also looked at the supply.
Looking at the increase in population, we found that there's an increase in population that's occurred. There's been a faster increase in population since 2015, but the building of new housing, be they apartments or houses, has not kept up with that pace in demographic pressure. That's very likely a determining factor in increasing house prices.
The other aspect is whether individuals and households have more money to spend on housing, and that is indeed the case. The incomes of Canadians have increased over the last several years. At the same time, interest rates have gone down. For a household looking at what they can afford, the interest rate is a big determining factor in deciding whether to go for a house of a certain price or not, because the monthly payments they can afford vary according to the interest rate.
We had a confluence of events—rising incomes, lower interest rates and demographic pressure that has not been matched by an increase in the supply—and that's what has led, in many areas of the country, to the increases in house prices.
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As it currently stands, it would be, because they already are getting around any indicators we have very well. They are getting around the indicators we have to figure out the proceeds of crime or terrorist financing coming into Canada.
As I said in the beginning—and we've seen it—sure, you can set up a company that's incorporated in the federal jurisdiction or in any one of Canada's jurisdictions, but that could have come from money from a separate jurisdiction, a separate secrecy jurisdiction. Somebody could have sold you a Canadian company with the names of directors already available, Canadian directors who are willing to sell their signatures for $200 a signature.
There are a number of ways for money launderers to make it look like they have full legitimacy of being Canadians, and as I understood from reading Bill on the exemptions under Canadian companies, they would wind up coming under those exemptions. Without ultimate beneficial ownership transparency, the government probably wouldn't see the kinds of reactions to the attempt that the tax is trying to achieve immediately. Maybe it would for people who have licit funds who are just holding it in property, but for those with the illicit funds, they would most likely find a way around it.
I've been talking about the corporate registry. We also need to talk about trusts, which have their whole own legal situation, as well as nominees. I want to stress that the ultimate beneficial ownership registry is not a silver bullet. There is no silver bullet to money laundering, but it is an incredibly useful tool to the gaps that Canada currently has.
We forwarded the motion. We spoke with the clerk two days ago. We missed the deadline by 16 minutes in terms of submitting this for debate today.
However, there is an emergency that the country is facing right now. There's the Emergencies Act that we're debating in the House of Commons.
Part of the Emergencies Act, of course, implicates the Canadian financial system and what's going to happen to the security of our monetary system, with the government, I think, haphazardly—but we can determine that—forcing banks to actually freeze the accounts of people it thinks are involved with any of the blockades, protests, and so on, that are happening in Ottawa.
When I asked the question at the briefing the other night, the officials told me that the banks have algorithms to make this happen. I think the use of a blunt tool such as a blanket algorithm to freeze Canadians' bank accounts will have significant effects on our Canadian financial system, including the drifting of deposits from banks to other financial instruments that are not Canadian deposits.
There's a lot that is going on here, and I recognize that. I think this committee is well equipped to deal with the effects of what might happen with this, and we should examine that very clearly and very quickly.
If you'd like me to read the motion, I could, but it is in front of everybody. I think it would be respecting everybody's time if we were to just talk about the nature of what we need to accomplish here and let everybody read the motion itself. It stands on its own. We're open to some amendments to it. As a matter of fact, we ourselves would like to make some amendments.
Because of the timing of this committee and what we know we need to get done, part of the reason we bring this forward is to manage all the studies we have in front of this committee. We think this one should probably bounce to the top because of how urgent this actually is, and we should be dealing with this quickly.
Expeditiously, we could say that we're all expecting to have our amendments to Bill in by next Friday, and then on Monday, February 28, go clause by clause on it. I think we're all okay with that.
Perhaps we've seen enough witnesses for that and we can allocate two meetings next week for the first part of this study, including the witnesses we're calling here. That would be very instructive for the Canadian people and for the Canadian financial system.
I'll leave it at that. I'm open to any questions that people might have in terms of what I think this committee needs to accomplish on behalf of the Canadian people and to ensure that we're not overstepping and causing some significant harm to the Canadian financial system.
:
First of all, I want to thank my friend opposite for raising this motion. He's right; it was outside of the 48-hour period, and even if it was 46 hours ago, we only received it this morning.
The emergency measures act is certainly important. It's something I think we can all agree should be studied. It's just going to be a matter of all of us agreeing how we're going to study that, how we're going to scope out this motion and how we're going to deal with the timing, which are all issues that my friend just outlined.
The intent of the motion as worded—and I don't know what amendments my friend opposite is referring to—is to start before March 3. I am guessing that there are members of this committee who would like to see it start even before that or significantly before that. I think it would be worth considering, especially given how much time is left in the day, potentially utilizing something at this committee that we haven't done thus far, which is to utilize our subcommittee to make sure that we can prioritize all of the current business, including this motion and the finalized wording of this motion.
I will remind my colleagues that we do have Bill , current legislation, in front of this committee with a timeline agreed upon by this committee. With this motion, we have an additional request for the to appear, in addition to the current request for the Deputy Prime Minister to prepare for Bill C-8. I think we all want that to continue to happen.
At our last meeting, we included an updated invite with a new timeline for the Governor of the Bank of Canada. I think everyone here thinks it's important that pre-budget consultations are done on such a timeline that all of the substantial testimony we have heard to date and everything that has been written or received by this committee can be not only put into the final report, but received on a timeline such that it can be duly considered to be part of it and be positively impactful with regard to this year's budget.
Given that this is a substantial and appropriate motion that I think everyone here wants to study, and given that it's not just we who have amendments, but—
I have a few things. First, I want to thank Mr. McLean for bringing this motion forward. It is a really extraordinary time and the government is taking some extraordinary measures. It's appropriate that we, as parliamentarians, provide oversight and that this oversight begin as quickly as possible.
What I would add to our understanding of this study.... I'm not sure if we even need an amendment for what I'm looking for. I note that the motion already says, “Any other issue or topic related to the extension of powers or their effect on the Canadian financial system by the invocation of the Emergency Measures Act”.
What I'm concerned about—and we've seen this sometimes in cases where extraordinary powers have been granted—is that the police may pass on to financial institutions the names of people who have nothing to do with the convoy that is the justification for the invocation of emergency measures. They might have people on watch-lists for other political causes and might see this as an opportunity to flag them, to get information about them and to pass on information about them. It's really important that we, as parliamentarians, endeavour in our study to add that to our oversight work and look for reassurances—not just reassurances but concrete accountability mechanisms—to make sure that law enforcement isn't taking this as an opportunity to cast a wide net, but is respecting the very limited scope of the powers that it has been granted under the government's declaration of emergency powers.
That's something I would like to be part of our understanding of the study, if there are no objections by any members of the committee. I would take that to be understood as part of the study under section vii. Otherwise, I'd be happy to seek to amend it, because I think that's an important part of our oversight work.
Those are my comments on the substance of the motion.
On the process, I don't see any reason why we shouldn't be able to vote on this today as something that we need to move forward with. If we want to try to meet as early as next Tuesday on this matter, it's important that we settle it.
If we have agreement from the committee that this is what we want to study, I'm happy to have a subcommittee meeting to do the real work of figuring out how to work that into the schedule and how it interacts with the other priorities that we've already identified. This clearly has to be the priority, given that it pertains to emergency measures in an emergency. It's incumbent upon us to get to this right away. If we can't deal with this and get an approval for the study right away, the other option would be to have an emergency meeting of the committee in order to discuss this motion and get it approved so that we're on our way.
The subcommittee is definitely there for planning, but I don't think we need a subcommittee meeting.... In fact, the subcommittee can't adopt this as a study for the committee, so we do need the committee to say that this is something we want to study, and then the subcommittee can meet to decide how we study it and when we study it.
Thank you.
The only amendment we're looking at in this—just for clarification, Mr. Beech—is the date. We'd like the date to start next week.
As I said, I think there's some accommodation we'd like to make on this as far as what's happening with Bill is concerned. Calling the minister on Bill C-8 would be something we would yield on here in order to have her here for this study as opposed to Bill C-8. We would move past all the rest of the hearings we had scheduled on Bill C-8. There's obviously going to have to be some give on some of the issues before us, and that is an issue I think we can give on, having other witnesses.
We'd still like to have the Governor of the Bank of the Canada here when he was scheduled to be here, because it's the only time we can get him, so we'd like to stick to that in the agenda. However, we would like to start on this study next week.
When we initially drafted this motion, we were thinking that we couldn't accommodate around Bill , and we've decided to let that whole process go. I think most of the amendments we've discussed are going to be submitted by the 25th anyway, and we can do line-by-line according to the schedule that you've set previously, so there would be no compromise as far as getting that through the House is concerned. That accommodates that.
I do think that all Canadians have a heightened awareness of this and what this means for their financial system and the way their banks are treating them. I would like this to move forward as quickly as possible and we'll hopefully get a vote on it today.
I appreciate Mr. Blaikie as well in accommodating his concerns into the motion we have here today.
The one amendment of course is about “no later than Thursday, March 3”. Of course, that would be Tuesday. That's in part (b). It would be Tuesday, February 22. That would be it.
I have a couple of thoughts. One, I do hope that the whips are talking in the event that we do need extra time. I've endeavoured to reach out on that front, to make sure that my people, at least, are aware of the need for some discussion outside or around this table in order to get us more time, if that's what we need.
I'm not sure I like the precedent, but I also recognize that we are in an extraordinary time. I think the proceedings of the House today affirm that in no uncertain terms. One other option I would want to proceed with—only if everyone, and I mean everyone, at the table is comfortable with it—would be to empower the subcommittee to adopt a study motion in respect of the financial aspect of the emergency measures act.
This would mean that if we did have a subcommittee meeting tomorrow, representatives from each party would be able to discuss, negotiate and determine the scope of that study. Any amendments that members from any side have could be considered at that time. We could vote on it. The study could be approved before the end of the day tomorrow if the committee is willing to delegate its authority to the subcommittee.
I don't think that would make sense as a best practice or a precedent, but given that it pertains to emergency measures, given the pandemic, and given that the hybrid format necessitated by the pandemic is creating some artificial time constraints, I think this is one way of trying to get around those.
I would look to Mr. McLean, Mr. Beech and Monsieur Ste-Marie to see if that might be acceptable to them. I'm prepared to stay as long as the whips will let us in order to deal with amendments, if that's what it takes in order to get a study motion approved that will provide the proper authority for the clerk to invite witnesses and to set up a meeting early next week on this matter.
I think we have a couple of options. We can go with what Mr. Blaikie suggested, which I thought was practical. The goal that we all share is to move forward on this expeditiously. We all share that goal, I think.
One way to do that, from my perspective, that makes sense is what Mr. Blaikie suggested. It allows us to move forward by Tuesday and it allows the subcommittee to iron out all the details, the scheduling issues, prioritization issues, amendment issues and that sort of thing.
The other approach would be to do it here in committee now and work through the amendments now. I think there are a few problems with that for us. One is, in general, I just don't think that's the most efficient way to work through what we're going to have to work through. Let's be honest. There's a schedule that we need to look at and figure out how this jives together. I don't think having all of us sit here doing that is the most efficient way to begin with. A subcommittee would be a great way to approach that, I think, practically speaking. It would, by happenstance, also allow another committee that's supposed to be meeting with other colleagues to meet as well.
I prefer Mr. Blaikie's proposal on how we move forward on it. If we have to start moving amendments, we can do that. I'm happy to do that.
Mr. McLean, I would ask for your understanding that it's hard for us to vote on the language of a motion that we haven't had a chance to amend yet. The spirit here, what you're hearing from Mr. Beech and myself and all of us, we want to do the study. There's not opposition to doing the study. That's not the issue, but I think the specific language.... It's difficult for us to approve something that we know we want to amend.
Let's move forward with the study, but let's find a way to amend it as we move forward.
I will go back to Mr. Beech, because I think the issues of substance are his to raise at this point in time, as you can see that the rest....
Mr. Baker, we've already talked about when this meeting would start, but the issues of substance are (a)(i) to (vi), about what we're trying to accomplish here.
If there's something in the spirit of that motion that needs to change immediately, I would entertain that right now, but if there's something you don't like with the spirit of that, then I think you should put that on the floor, because this is what we're trying to get at here: how does this work; how does it impact the financial system of Canada going forward.
I'm opening the floor to you to tell me what principle you think needs to change in the first six points of language after (a).
:
Yes, I have a couple of things.
First of all, I have no intention at all to remove the Deputy Prime Minister. The Deputy Prime Minister, I'm sure, would be happy to attend and speak to these matters, so please don't interpret some tweaks to the language on her appearance to be that we don't want her to appear. I think we should have her appear.
The fundamental problem is that I don't think anybody on this committee from any party would want to be asked to agree to a motion that they don't agree with subject to future amendments that might not happen. That will set into motion things that, without future agreement, will continue to proceed in the manner that is listed in this motion.
The alternative that I suggested is the opposite of that. It says to take those elements that we know we can approve today, which is that we are going to have the study, that we are going to invite some of those witnesses, and between now and Tuesday, we are going to have a meeting to finalize this language. This is basically just acknowledging that we don't have time at this meeting and gives us time at the subcommittee to accomplish it.
That is less problematic than what you're proposing, which is to make us agree to a motion when we don't necessarily agree with 100% of the language.
:
I actually don't think it's redundantly redundant. I think that this is actually an important aspect of this very important study for a number of reasons. Let's also not forget that there is an entire different committee that is going to be struck to examine emergency measures. It's going to be made up of parliamentarians and it's going to examine the full scope of these measures. I hope that this study could help positively contribute to that discussion.
But with regard to the financing of illegal blockades, I think it is important to understand how we came to have these emergency measures in the first place and what exactly has been happening on the ground, and then realize who is affected by these measures and how. If we don't understand the people who have been raising money, what they've been using that money for, how they've been utilizing that money and how they've been raising that money.... I've heard an unbelievable amount of variance and different causes and reasons for this money, everything from “investigative journalist” to people who have all kinds of different causes coming in and justifying their reason for this.
Those are all the types of people who are going to be affected by these emergency measures, so in order for us to understand whether or not the measures are appropriate and affect the appropriate people, we need to understand who those people actually are in the first place.
The second aspect of the proposed addition to the study, which is the impacts of the blockades on the Canadian economy and Canadian workers, is for us to understand the tolerance of the measures that the government has put into place. We're going to study the impact as per this motion as currently worded and we're going to be thinking about whether these are appropriate measures.
We should absolutely understand exactly what the economic impact of these blockades has been, not just in Ottawa, not just at the Ambassador Bridge, but on families and with workers, to understand that if this was to happen again in the future, or if this was to be a regular tactic—and it's not like we haven't seen tactics similar to this before—whether or not the measures that are proposed in the Emergencies Act are an appropriate use or if we should be looking at other methods.
I think both aspects of this are important. First, the financing of the illegal blockades, where that financing is coming from, what it's being used for, how it's been tracked by the various agencies like FINTRAC and the like is very pertinent to this study.
Second, there are the impacts of the blockades on Canadians and Canadian workers. We have heard about individuals who have been laid off, and plants and factories that haven't been able to continue. Understanding that, I think, will provide a lot of context to this particular study.
:
Thank you, Mr. Chair, and thank you to all of my colleagues. We were able to have some discussions during the break.
I am going to withdraw my amendment, and seek unanimous consent to amend the motion as follows. I would add a new bullet under “a) The study examine”, which would read, “i. The financing of the protest and the blockades;”
I would further amend the motion under part c) that refers to the invitation of witnesses, and change the part where it refers to the alone for two hours. We would delete the word “alone”, and add the Department of Finance to the list of departments that are on the next bullet point.
With those amendments, we would pass the motion in its entirety on division.
I will speak to that amendment now, Mr. Chair, since I have the floor.
Obviously, we still need to have a subcommittee meeting. We have some programmatic stuff that we need to get to. I'll take members on their word that we're going to figure out a way to deal with Bill , including some commitments that were made under the scheduling of the minister.
I believe, having talked to everyone, that this is agreeable, and that this will get us out of here tonight with a path forward to examine this very important subject.