Hon. Lucie Moncion moved second reading of Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures.

She said: Honourable senators, I rise today at second reading of Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures. As the sponsor of this bill in the Senate, I am pleased to present the measures proposed by the government.

This bill enables the government to move forward with certain measures in Budget 2022. As you will see from my speech, the investments described in the government’s recent budget — and through Bill C-19 — are focused on some of the more pressing issues in the Canadian economy, because we are all well aware of the high inflation that is weighing heavily on the minds and wallets of Canadians.

This budget implementation bill contains several measures to meet the current challenges most Canadians are facing. These challenges include affordable housing, the labour shortage and the inequities in our current tax system, among others.

In my speech I will explain how the government plans to meet these challenges. I will then present the improvements that were made to the bill at the other place and, finally, I will talk about the Senate’s contributions to this bill, particularly by means of studies and private bills introduced by senators.

[English]

The first is making housing more affordable.

Knowing it is top of mind for many Canadians, I want to first touch on the set of measures aimed at addressing the housing crisis in Canada and, more specifically, the need for housing that is accessible and affordable to all Canadians.

Everyone should have a safe and affordable place to call home. However, according to StatCan, in 2018 more than 1.6 million Canadian families lived in an unsuitable, inadequate or unaffordable dwelling. This means that one in ten Canadian families was living in poor housing and couldn’t afford alternative housing in their community.

The people most impacted by this housing crisis are seniors living alone and racialized Canadians.

The government wants to change that by putting Canada on a path to double the number of homes being built over the next 10 years. Some of the measures proposed in Bill C-19 support this effort, including addressing barriers that keep more housing from being built.

The first one concerns payments of up to $750 million to support municipalities to address their pandemic-driven transit shortfall and improve housing supply and affordability.

More specifically, Bill C-19 would authorize the Minister of Finance to make payments to the provinces and territories out of the Consolidated Revenue Fund. The payments would be subject to the terms and conditions that the minister considers appropriate and, to maximize funding, be conditional on provinces and territories matching federal contributions.

At the Standing Committee on Finance in the other place, la Fédération québecoise des municipalités spoke about the importance of housing investment in coordination between the provincial and federal governments. For this to work, all levels of government will need to collaborate.

It’s important to note that the House of Commons unanimously adopted an amendment requiring that a report detailing the amount paid to the provinces and territories for transit and housing be prepared within three months, and another requirement for the tabling of this report within 15 sitting days after it is completed. Improving the transparency and accountability mechanisms could lead to greater and more visible results.

[Translation]

The investments announced in Budget 2022 to double the construction of new housing in Canada over the next decade are part of an ambitious plan that will require the cooperation and commitment of all levels of government.

Through Bill C-19, the federal government is giving itself the means to meet its goal of significantly increasing the number of affordable housing units in Canada.

[English]

Bill C-19 also seeks to make Canada’s housing market fairer by legislating a two-year ban on foreign investors buying houses in Canada. For years, foreign money has been flowing into Canada by way of residential real estate. This has fuelled concerns about the impact on costs in cities like Vancouver and Toronto, and across the country, leading Canadians to be worried about being priced out of the housing market.

Local average-income-earning taxpayers simply cannot compete in a market where foreign money flows freely, driving up prices. Division 12 of Part 5 of the bill would prohibit non‑Canadians from purchasing residential property in Canada for a period of two years starting on January 1, 2023. This measure would apply to foreign corporations and entities, and prevent ineligible persons from avoiding the ban by using corporate structures.

Individuals with work permits who reside in Canada, refugees, people fleeing international crises and international students who are on their way to becoming permanent residents would be exempted from this ban.

By banning foreign purchases of Canadian housing for two years, the government’s purpose is to make sure that houses in Canada are being used as homes for Canadian families, not as speculative financial assets.

In addition to these measures, Bill C-19 aims to help tackle speculative trading by making all assignment sales of newly constructed or renovated housing taxable for GST and HST purposes. This amendment would eliminate the ambiguity that can arise under the existing rules regarding the GST/HST treatment of assignment sales.

This would ensure the GST/HST applies to the full amount paid for a new home, including any amount paid as a result of an assignment sale, which would result in greater consistency in the GST/HST treatment of new homes and would contribute to a fairer housing market for Canadians.

[Translation]

For those who already own a home, Bill C-19 will help seniors and people with disabilities to live and age at home by doubling the annual limit of the home accessibility tax credit from $10,000 to $20,000 as of the 2022 tax year.

Doubling the credit’s annual limit will help make more significant alterations and renovations more affordable, including the purchase and installation of wheelchair ramps, walk-in bathtubs, and wheel-in showers; widening doorways and hallways to allow for the passage of a wheelchair or walker; and building a bedroom or a bathroom to permit first-floor occupancy.

This measure will be particularly helpful for Canadians who live in multi-generational homes. Even before the pandemic, the trend of multi-generational housing was on the rise. It only became more pronounced during the pandemic, when grandparents began playing a bigger role in the lives of their grandchildren to help parents better manage their work obligations, school and day care closures and remote learning. Multi-generational housing makes it possible to take care of the oldest and youngest family members at the same time.

During the pandemic, we also saw how young adults living with a disability had to settle for a very isolated and restricted lifestyle in long-term care homes, even when other options that could have considerably improved their quality of life were available.

[English]

Bill C-19 also aims to help build a strong and diverse workforce.

Through the bill, the government is also aiming to bolster Canada’s workforce and address labour shortages that have overwhelmed the economy for some time now; this includes making it easier for the skilled immigrants that Canada needs to come to our country by improving the government’s ability to select applicants from the Express Entry system who match the needs of Canadian businesses.

Express Entry has a proven record of selecting skilled immigrants who succeed in Canada’s economy and society. It is a significant improvement over the “first in, first out” model that was previously in place.

Division 23 of Part 5 of Bill C-19 proposes amendments to the Immigration and Refugee Protection Act that would build upon Express Entry’s existing flexibility and support Canada’s economic recovery and future growth by permitting the government to easily select candidates who meet a range of economic needs and priorities. The parties in the other place worked together to improve this section of the bill by adding a requirement for a public consultation process when establishing the categories.

[Translation]

Bill C-19 proposes to make an amendment to the Income Tax Act by introducing a new labour mobility deduction for tradespeople for the 2022 and subsequent tax years to reduce the shortage of skilled tradespersons.

In the construction industry, at different times, some regions have more job opportunities than others. Many workers take advantage of these opportunities and accept temporary jobs in different parts of the country when opportunities arise.

This new measure would make it possible for eligible workers to deduct eligible expenses up to half of their employment income earned by relocating, up to a maximum amount of $4,000 per year.

[English]

Bill C-19 would also introduce 10 days of paid sick leave for workers in the federally regulated private sector, which will support 1 million workers in industries like air, rail, road and marine transportation, and banks, postal and courier services with implementation by no later than December 1, 2022. One proposed amendment would give the Governor-in-Council the option of delaying the application of the paid sick leave provision to small employers: for example, businesses with fewer than 100 employees. This is because small employers may require additional time to implement the necessary payroll and organizational changes to comply with the new requirements.

However, the government is not planning to use this option, and the paid sick leave provisions are expected to come into force on December 1, 2022, for all employers, small and large.

[Translation]

Bill C-19 provides for a one-time $2-billion payment through the Canada Health Transfer to address the many challenges Canadians have experienced because of delayed medical procedures during the pandemic, which caused significant backlogs. That payment is on top of the $4.5 billion already provided to the provinces and territories to help them reduce backlogs in their health care systems.

This amount, which would be proportionally distributed to the provinces and territories on a per capita basis, would help to further reduce the backlogs of surgeries and procedures that Canadians need but were forced to postpone because of the impact of COVID-19 on Canada’s health care system.

As part of the Canada-United States-Mexico Agreement, Canada agreed to amend the Copyright Act, by the end of 2022, to extend the general term of copyright protection from 50 to 70 years after the life of the author. The general term of copyright protection applies to a wide variety of works, including books, films, music, photographs and computer programs. Division 16 in Part 5 will enable Canada to fulfill its obligations before the deadline, to be on equal footing with its trade partners and to create new export opportunities for Canada’s creative industry and Canadian content.

Some 80 countries, including some of Canada’s main trading partners, such as the United States, Mexico, the European Union, the United Kingdom, Australia, Japan and South Korea, have adopted the general term of protection for 70 years or more after the life of the author. Extending the term of protection will ensure that Canadian copyright holders enjoy protection for the same period of time in those countries.

[English]

Next is a fair and robust tax system. By enacting the proposed select luxury items tax act, Bill C-19 would also strengthen Canada’s tax system. Those who can afford to buy expensive cars, planes and boats can also afford to pay a bit more. To that end, through Bill C-19, the government would introduce a tax on the sale of new luxury cars and aircraft with retail sales prices of over $100,000 and on new boats over $250,000. Luxury items of that kind are entirely out of reach for most Canadians.

The act includes modern elements of administration and enforcement aligned with those found in other taxation statutes. The tax would be calculated at the lesser of 20% of the value above this price threshold or 10% of the full value of the luxury vehicle, aircraft or vessel, with a coming into force date of September 1, 2022. It is important to note that the majority of the demand for these million-dollar yachts or private planes is not in Canada. Rather, 80% of what is produced in Canada is exported and so is not covered by the luxury tax. Therefore, manufacturers are not expected to feel a major impact. Regarding luxury vehicles, the majority are not manufactured in Canada, so there will be little impact on jobs.

To respond to concerns expressed by stakeholders regarding the potential impact of the tax on the aircraft industry, the other place adopted an amendment to Bill C-19 granting the government the flexibility with respect to the coming into force of the aircraft provision. This flexibility will allow the government to consult further and potentially improve what is currently proposed.

[Translation]

The government will also accelerate the creation of a public, searchable registry of federally incorporated corporations. The registry will go live by the end of 2023, which is two years earlier than planned, to fight illegal activity, such as money laundering and tax evasion. This measure will address the problem of Canadian shell companies being used to conceal the true ownership of assets, including businesses and property. It will help Canada reverse this trend through a risk-based approach to fighting money laundering.

On a more urgent and pressing note, Bill C-19 will also enable the Government of Canada to cause the forfeiture and disposal of assets held by sanctioned individuals and entities, including Russian elites and those who act on their behalf, and to use the proceeds of confiscated assets to help the Ukrainian population. This measure actually came from Senator Omidvar’s Bill S-217, An Act respecting the repurposing of certain seized, frozen or sequestrated assets. I applaud Senator Omidvar’s hard work and resilience in moving this important matter forward, especially given the current international situation because of the war in Ukraine.

That brings me to my next topic, recognizing the Senate’s and senators’ work on this voluminous and complex bill.

First of all, I would like to highlight the important work of the six committees that have already completed the pre-study of certain sections of Part 5 of Bill C-19: the Aboriginal Peoples Committee, the Banking, Trade and Commerce Committee, the Foreign Affairs and International Trade Committee, the Legal and Constitutional Affairs Committee, the National Security and Defence Committee, and the Social Affairs, Science and Technology Committee.

The National Finance Committee is studying all the details of the bill and doing its work, which is already well under way. I would like to thank the members of these committees and their chairs for their excellent work, which is crucial to the sober second thought worthy of this upper chamber.

[English]

Improvements to the bill: In the meantime, while the Senate was conducting its pre-study of the bill, the House of Commons, based on its work at their Standing Committee on Finance, adopted a series of amendments that greatly improved this legislation. The amendments were adopted with the support of the government and opposition parties. I mentioned some of them earlier in my speech. Let me go through a few more.

Part 1 of Bill C-19 expands the eligibility criteria for impairment in mental function as well as the essential therapy category of the disability tax credit. An amendment adopted unanimously makes it so that those who are diagnosed with Type 1 diabetes automatically qualify for the Canada disability benefit. This is a great improvement to the bill, and I am grateful that it was supported by all parties in the House of Commons.

[Translation]

Hon. Lucie Moncion moved second reading of Bill S-215, An Act respecting measures in relation to the financial stability of post-secondary institutions.

She said: Honourable senators, I rise at second reading as the sponsor of Bill S-215, the Post-Secondary Institutions Bankruptcy Protection Act.

The post-secondary sector is an industry that generates $55 billion a year and represents roughly 2.4% of the national economy. The contribution of the post-secondary sector to Canada’s economy is considerable, and for francophone minority communities, it is colossal. Post-secondary institutions play an indispensable role in the economic, social and cultural development of communities. We must act now to save communities from the same fate as northern Ontario, with the restructuring of Laurentian University under the Companies’ Creditors Arrangement Act. The case of Laurentian University is a first. It sets a dangerous precedent, but above all, it is a call to action.

Well before the health crisis, many post-secondary institutions were in a precarious financial situation. We know that some of them have been suffering from chronic structural and operational underfunding for years. To cope with this situation, these institutions turn to volatile sources of funding and are often forced to make budget cuts that affect the programs they offer and jobs.

[English]

I am particularly concerned about the institutions serving francophone minority communities, which have the additional responsibility of fostering the vitality of the French language and francophone cultures across Canada. I’m thinking in particular of Laurentian University, Université de Moncton, the University of Alberta’s Campus Saint-Jean, Université de Saint-Boniface, Université de l’Ontario français, University of Sudbury, Université de Hearst and so forth.

The cuts at Laurentian University are compromising access to post-secondary education in French in northern Ontario. French programs that have been cut include engineering, political science, law, education, history, philosophy, literature, drama and midwifery.

Despite the emergence of institutions by and for francophones such as the University of Sudbury, which has clear unified community support, governments have been slow to act. For example, the Government of Ontario took over one year to intervene in the case of Laurentian University and only intervened because it was compelled to. Laurentian University was losing its operational funding, which would have accelerated the actual bankruptcy. This waiting game lasted a year with the Government of Ontario. In the meantime, the francophone community’s next generation is being undermined with devastating consequences to ensure that minority language communities have ownership and control over the institutions that support a strong and prosperous francophonie.

[Translation]

In an interview with ONFR+, Carol Jolin, president of the Assemblée de la francophonie de l’Ontario, reacted to the significant drop in applications to Laurentian University from francophones by saying, and I quote, “The message is clear: Our Franco-Ontarian youth have lost faith in Laurentian University.”

People no longer say “francophones at Université Laurentienne;” they just say “Laurentian University.” He also said, and I quote, “The exodus of northern youth to other parts of the province and the country has begun.”

I recently spoke to the president and vice-chancellor of the Université de Moncton, Denis Prud’homme. He explained that his institution runs a structural and operational deficit every year. Because of inflation, the Université de Moncton has to pay an extra $2 million to $3 million per year, which is not covered by the provincial funding framework. The deficit is already starting to affect programs, human resources, infrastructure and student services, including mental health. The Université de Moncton needs a solid funding base because project-based funding may be good for governments, but it’s not sustainable for small institutions. Competitions for federal subsidies have criteria that favour big universities because they have the capacity and resources to do large-scale projects.

For an institution that has few resources to begin with, project‑based funding requires additional effort to prepare and manage the project. Plus, it’s all temporary. He confided in me, saying:

It’s exhausting, destabilizing and unpredictable. We need core funding with cost-of-living indexing.

[English]

Looking at Laurentian’s situation, President Prud’homme told me that the only thing keeping the University of Moncton from a similar fate is the fact that every year, they take the difficult decisions to make cuts.

Out West, the situation at the University of Alberta’s Campus Saint-Jean is unsustainable. There, the money that the university gets in tuition is not based on actual enrolment numbers but instead on a quota. As a result, Campus Saint-Jean does not receive funding for at least one third of its enrolment. On top of the chronic operational and structural underfunding that has been going on for several years, the Alberta government announced budget cuts in 2019 and prohibits post-secondary institutions from using the reserve funds. For the University of Alberta, this is a cut of 34%.

For at least the past two years, the university has been going through a restructuring process and making several budget cuts that threaten Campus Saint-Jean’s very survival.

[Translation]

I recently spoke with the dean of Campus Saint-Jean, Pierre‑Yves Mocquais. He explained, and I quote:

There is a real trend towards centralizing the university, and this is constantly encroaching on the campus’ autonomy through a gradual erosion of its capacity to function as a francophone institution.

Campus Saint-Jean is treated as though it’s just another department, which is completely unrealistic considering its francophone mandate.

This crisis, which continues to this day, has led to civic action. The community is mobilizing to put pressure on governments through the “Save Saint-Jean” campaign. The budget cuts required to maintain the financial viability of the institution threaten the existence of entire programs and may force students to complete their degrees in English. The university has already laid off more than 1,000 people, and the layoffs continue.

In what the president of the Association canadienne-française de l’Alberta, or ACFA, described as a David-versus-Goliath battle, ACFA is advocating on behalf of the community to save Campus Saint-Jean by suing the Government of Alberta and the University of Alberta. To illustrate how lopsided this battle is, ACFA requested between $1 million and $1.3 million for the 2020 school year, while the Alberta government spent $1.5 million on legal fees to avoid providing this funding.

Several sectors have been affected by the pandemic, but it is too early to determine its actual impact on the financial viability of the post-secondary education sector in Canada. However, we have noted certain effects, particularly on the share of revenue generated by foreign students’ tuition fees, which dropped considerably because of the pandemic.

Bill S-215 seeks to prevent post-secondary institutions from becoming financially unstable and to improve the position of those on the brink in order to ensure the vitality and development of communities across the country.

[English]

In my speech today, I will first provide a general overview of post-secondary funding in Canada. I will then explain how funding issues are compounded when it comes to institutions providing French language minority education. I will bring attention to the problems with the legal status quo, including the ability of universities and colleges to make use of bankruptcy and insolvency law. This will provide context for my legislative proposal, Bill S-215, which calls for concrete and effective government action to address this crisis and prevent the use of inappropriate legal tools as part of the restructuring process. I will conclude by presenting some of the solutions proposed by stakeholders.

Funding the post-secondary sector. What does the sector’s funding look like and why is it cause for concern? The State of Postsecondary Education in Canada, 2021 report by Higher Education Strategy Associates reveals various trends seen in the sector over the past 20 years. Post-secondary funding comes from three main sources: government grants, tuition fees and private sources. Prior to the 2008-09 fiscal crisis, the three main sources of funding for post-secondary education grew by 5% per year on average. After the crisis, tuition fees, particularly those by international students, have played a significantly more important role. Tuition fees went from accounting for 19% of funding in 2000-01 to 29% in 2018-19.

What about government funding? Over the past 20 years, the portion of funding coming from provincial governments has decreased. Nationally, the provincial share, which was 43% in 2000-01, dropped to 35% in 2018-19. Federal funding has been stagnant since about 2008. In real dollars, funding for the Official Languages in Education Programs has been in steady decline.

The important thing to note is that proportionately, we are seeing the government steadily backing away from the post‑secondary sector. The decline is largely what is behind the sector’s precarious financial situation.

[Translation]