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An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023 âś“ Became Law

BillC-59
Session44-1
StageLaw (royal assent given)
Introduced2023-11-30
Proposed byChrystia Freeland
parl.ca ↗

Part 1 implements certain measures in respect of the Income Tax Act and the Income Tax Regulations by

It also makes related and consequential amendments to the Excise Tax Act and the Excise Act, 2001.

Part 2 enacts the Digital Services Tax Act and its regulations. That Act provides for the implementation of an annual tax of 3% on certain types of digital services revenue earned by businesses that meet certain revenue thresholds. It sets out rules for the purposes of establishing liability for the tax and also sets out applicable reporting and filing requirements. To promote compliance with its provisions, that Act includes modern administration and enforcement provisions generally aligned with those found in other taxation statutes. Finally, this Part also makes related and consequential amendments to other texts to ensure proper implementation of the tax and cohesive and efficient administration by the Canada Revenue Agency.

Part 3 implements certain Goods and Services Tax/Harmonized Sales Tax (GST/HST) measures by

Part 4 implements certain excise measures by

Part 5 enacts and amends several Acts in order to implement various measures.

Subdivision A of Division 1 of Part 5 amends Subdivision A of Division 16 of Part 6 of the Budget Implementation Act, 2018, No. 1 to clarify the scope of certain non-financial activities in which federal ‚financial institutions may engage and to remove certain discrepancies between the English and French versions of that Act.

Subdivision B of Division 1 of Part 5 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to, among other things, permit federal financial institutions governed by those Acts to hold certain meetings by virtual means without having to obtain a court order and to permit voting during those meetings by virtual means.

Division 2 of Part 5 amends the Canada Labour Code to, among other things, provide a leave of absence of three days in the event of a pregnancy loss and modify certain provisions related to bereavement leave.

Division 3 of Part 5 enacts the Canada Water Agency Act. That Act establishes the Canada Water Agency, whose role is to assist the Minister of the Environment in exercising or performing that Minister’s powers, duties and functions in relation to fresh water. The Division also makes consequential amendments to other Acts.

Division 4 of Part 5 amends the Tobacco and Vaping Products Act to, among other things,

authorize the making of regulations respecting fees or charges to be paid by tobacco and vaping product manufacturers for the purpose of recovering the costs incurred by His Majesty in right of Canada in relation to the carrying out of the purpose of that Act;

provide for related administration and enforcement measures; and

require information relating to the fees or charges to be made available to the public.

Division 5 of Part 5 amends the Canadian Payments Act to, among other things, provide that additional persons are entitled to be members of the Canadian Payments Association and clarify the composition of that Association’s Stakeholder Advisory Council.

Division 6 of Part 5 amends the Competition Act to, among other things,

The Division also amends the Competition Tribunal Act to prevent the Competition Tribunal from awarding costs against His Majesty in right of Canada, except in specified circumstances.

Finally, the Division makes a consequential amendment to one other Act.

Division 7 of Part 5 amends the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act to exclude from their application prescribed public post-secondary educational institutions.

Subdivision A of Division 8 of Part 5 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,

It also amends the Budget Implementation Act, 2023, No. 1 in relation to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and makes consequential amendments to other Acts and a regulation.

Subdivision B of Division 8 of Part 5 amends the Criminal Code to, among other things,

It also makes consequential amendments to the Seized Property Management Act and the Forfeited Property Sharing Regulations.

Division 9 of Part 5 retroactively amends section 42 of the Federal-Provincial Fiscal Arrangements Act to specify the payments about which information must be published on a Government of Canada website, as well as the information that must be published.

Division 10 of Part 5 amends the Public Sector Pension Investment Board Act to increase the number of directors in the Public Sector Pension Investment Board, as well as to provide for consultation with the portion of the National Joint Council of the Public Service of Canada that represents employees when certain candidates are included on the list for proposed appointment as directors.

Division 11 of Part 5 enacts the Department of Housing, Infrastructure and Communities Act, which establishes the Department of Housing, Infrastructure and Communities, confers on the Minister of Infrastructure and Communities various responsibilities relating to public infrastructure and confers on the Minister of Housing various responsibilities relating to housing and the reduction and prevention of homelessness. The Division also makes consequential amendments to other Acts and repeals the Canada Strategic Infrastructure Fund Act.

Division 12 of Part 5 amends the Employment Insurance Act to, among other things, create a benefit of 15 weeks for claimants who are carrying out responsibilities related to

the placement with the claimant of one or more children for the purpose of adoption; or

the arrival of one or more new-born children of the claimant into the claimant’s care, in the case where the person who will be giving or gave birth to the child or children is not, or is not intended to be, a parent of the child or children.

The Division also amends the Canada Labour Code to create a leave of absence of up to 16 weeks for an employee to carry out such responsibilities.

✦ AI Summary

Bill C-59, now law, enacts several changes to Canada's tax system. Key measures include new rules for deducting interest expenses for corporations, updated tax treatments for lithium exploration, and changes to the anti-surplus stripping rule for family businesses. It also introduces a 2% tax on corporate share buybacks and expands tax credits for carbon capture and clean technology. A digital services tax of 3% will apply to certain large tech companies' revenue. The bill also refines GST/HST rules, particularly for financial institutions and related groups.

Generated by Gemini · may contain errors

Legislative Timeline

2023-11-30
First reading
✦ AIBill proposes tax changes related to interest, hybrid mismatches, lithium, business transfers, dividends, and carbon capture.
Current
Law (royal assent given)
✦ AINo changes noted between first reading and law.

Votes

Vote #: 785 Date: 2024-05-28 Result: Passed Yes: 175 No: 144 Paired: 12

Yes / No Ratio

Yes54.9%
No45.1%

How each party voted

PartyPositionYesNo
BlocNo0%100%
ConservativeNo0%100%
GreenYes100%0%
LiberalYes100%0%
NDPYes100%0%