:
I call this meeting to order.
Welcome to meeting number 138 of the House of Commons Standing Committee on Finance.
Pursuant to the order of reference of Monday, March 18, 2024, and the motion adopted on Monday, December 11, 2023, the committee is meeting to discuss Bill , 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.
Today's meeting is taking place in a hybrid format, pursuant to Standing Order 15.1. Members are attending in person in the room and remotely using the Zoom application.
I would like to make a few comments for the benefit of the members and the witnesses.
Although this room is equipped with a powerful audio system, feedback events can occur. These can be extremely harmful to interpreters and can cause serious injuries. The most common cause of sound feedback is an earpiece worn too close to a microphone. We therefore ask all participants to exercise a high degree of caution when handling the earpieces, especially when their microphone or their neighbour's microphone is turned on, in order to prevent incidents and to safeguard the hearing health of our interpreters.
I invite participants to ensure that they speak into the microphone into which their headset is plugged and to avoid manipulating the earbuds by placing them on the table away from the microphone when they are not in use.
I remind everyone that all comments should be addressed through the chair.
For members in the room, if you wish to speak, please raise your hand. For members on Zoom, please use the raise-hand function. The clerk and I will manage the speaking order as well as we can. We appreciate your patience and understanding in this regard.
With us today as individuals are witnesses David Brown, realtor; and Jennifer Quaid, associate professor and vice-dean of research, civil law section, Faculty of Law, University of Ottawa. She will be joining us shortly. From the Canadian Dental Association, we have Aaron Burry, chief executive officer. From the Union des consommateurs, we have Maxime Dorais, co-director general, as well as Olivier Surprenant, analyst, public policy and health.
Welcome, everyone.
David Brown is here. We'll start with him for five minutes.
Go ahead, please.
Good morning. My name is Dave Brown. I'm a long-time realtor in Whistler, British Columbia. I'm here today to discuss the underused housing tax on behalf of both the Whistler Real Estate Association, which is made up of about 150 realtors, and Tourism Whistler, a non-profit tourism organization representing 8,000 members who have tourist-zoned property on resort lands in Whistler.
Tourism Whistler's CEO Barrett Fisher is out of the country, so she is unable to testify today.
Whistler is requesting that all tourist-zoned accommodation with restricted-use covenants on title be exempt from the UHT. Within the provincially legislated Resort Municipality of Whistler Act, incorporated in 1975, all land located at the base of Whistler's two mountains and three golf courses were designated resort lands for the purpose of generating a vibrant tourist economy for the community.
It has been very successful. Whistler has grown into a global tourist destination, generating more than $2 billion in annual visitor spending and approximately $700 million in tax revenues while supporting more than 3,000 businesses and 15,000 jobs. As stipulated within the official community plan, accommodation properties located on resort lands have covenants on title—phase 1 or phase 2—confirming the required tourist usage. As well, property owners on resort lands must pay a mandatory annual tourism assessment fee to support Whistler's tourism economy, including destination development, marketing and sales initiatives.
From Whistler's earliest days, the resort has encouraged both domestic and international investment to build hotels, condominiums, townhouses and houses for tourist rentals, providing a breadth of accommodation choices for a diversity of visitors who come to enjoy Whistler's outdoor recreation, cultural offerings and commercial amenities. Approximately 80% of Whistler's tourist accommodation is owned by individual investors who put their hotel, condominium or housing units into a tourist rental pool to support Whistler's visitor economy. The new federal UHT penalizes those investors who have supported Whistler's tourism economy and contributed to its long-term success.
International owners typically use their property one to two weeks a year, then put it into a rental pool for the remainder of the year so the accommodation is not sitting empty but rather being maximized for its intended tourist rental usage. Requiring international owners to utilize their properties for a minimum of 28 personal days would therefore remove this accommodation from the tourism rental pool. This is a major concern for hoteliers, property managers and commercial businesses, since owner accommodation usage does not support ground transportation, resort activities, attractions, restaurants, bars, nightclubs, retail shops, spas and conference facilities to the same level that nightly rental visitors do.
Worse, many international accommodation owners are refusing to pay the UHT and are putting their properties up for sale, thereby taking their units out of the rental pool altogether. These properties would likely be sold to B.C. residents who would use them as second homes.
It's important to note that any federal government revenue gained from the UHT would be neutralized by the corresponding loss in GST that would have been collected from tourist visits. That's the GST not only on accommodation rentals but also on the wide variety of tourism businesses and services that tourists invest in while vacationing in Whistler.
The Canada Revenue Agency has deemed any stratified hotel or condominium property with a kitchen to be suitable for residential use, even if this unit is subject to zoning and covenant restrictions that govern the allowable usage. However, this does not make sense, as most hotel properties...nor their kitchen facilities are appropriate to support year-round residential usage, as the covenant restriction on hotels and condominiums limits personal usage of these units to 28 days in the winter, November through April, and 28 days in summer, May through October, in order to support intended tourist rental usage.
We appreciate the rationale for taxing foreign-owned residential housing that is being underutilized and unavailable as local housing stock. However, this is not the case within the Whistler resort's land-zoned districts, where purpose-built tourist accommodation is being fully utilized for its intended purpose of nightly vacation rentals. Further to this, Whistler has made a strong commitment to funding and building affordable employee housing within the residential neighbourhoods.
As a resort municipality, Whistler is exempt from the Province of British Columbia's speculation and vacancy tax, introduced in 2018, and it is exempt from the Government of Canada's Prohibition on the Purchase of Residential Property by Non-Canadians Act, which took effect on January 1, 2023.
I'll note that resort municipalities are recognized as purpose-built tourist destinations that generate international export revenues.
Whistler, therefore, respectfully requests that the federal government create an exemption within the underused housing tax legislation for tourist accommodation in the resort municipalities prior to the tax deadline of April 30, 2024, or as soon as possible.
Without such an exemption, the economic viability of Whistler's businesses will likely decline, along with the corresponding federal, provincial and municipal tax revenues, undermining the buoyancy of Whistler's vibrant tourist accommodation.
I have a couple of points to talk about—
:
Thank you, Chair and committee.
[Translation]
I'm delighted to be here today.
[English]
I'm the CEO of the dental association, but I've also been a practising dentist for over 37 years, and I devoted the majority of my career to vulnerable populations and treating vulnerable patients.
CDA is the national voice of the dental profession, promoting dental education, research standards and the needs of the Canadian dental care system. CDA is working collaboratively with the provincial and territorial dental associations, which represent over 25,000 practising dentists across the country, to ensure that the Canadian dental care plan, CDCP, meets the needs of Canadians.
CDA has long advocated that oral health is an essential part of general health and should be supported by investments to improve health care in Canada. The CDCP represents a once-in-a-generation opportunity to make a significant improvement to oral health for millions of Canadians, and we believe we have to get this right from the start.
CDA has focused on being a constructive partner in the CDCP's development from the beginning. In February 2023, we published a policy paper, entitled “Bridging the Financial Gap in Dental Care”, which proposed a framework. Primarily, we recommended that the CDCP should work like other dental care plans. We stress that patients should be allowed to choose their own dentist, and that existing dental care plans be safeguarded.
The federal government must ensure that the cost of eligible treatment is fully covered. Many seniors will soon learn that this program may only cover a portion of the care they need. Vulnerable seniors have unique oral health needs that may not be covered under this program, and certainly not at launch.
Dentists are worried about the bureaucratic demands this program will place on their offices in terms of HR and other resources, which are already stretched due to staffing shortages. Dentists need the program to be administratively simple. That is critical to ensure access to care for the millions of Canadians who will be eligible over the coming months.
Over the past several months, CDA and provincial and territorial dental associations have expressed concerns about the current program design to the federal government. A recently conducted survey of 4,000 dentists found that 61% of dentists said they would not participate in the program. Without the support of oral health providers, this program will not succeed, and the millions of patients signing up for the program will not be able to find a dentist.
Today, I'd like to share with the committee three areas of concern.
First, the CDCP does not provide free dental care, but many Canadians are under the impression that it does. In fact, the program only covers a portion of the usual and customary fees, despite our call that the government respect established provincial and territorial fee guides. This is already causing confusion, with the burden of explaining misunderstandings falling on dental administrative staff.
Second, formal registration under the CDCP, or a claim-by-claim pathway, is different from normal dental plans that other Canadians have. The issue is that they include terms and conditions that are generally not found in other normal plans. What we're hearing from dentists is that the extensive terms and conditions may be too much for their clinics to take on.
Third, federal government approvals should not be part of providing medically necessary care. The initial service schedule set to be launched in May gives people some level of services for the care they need, but not all. To get the care they need, CDCP patients may need to go through pre-authorization, but this will only be available after this November. The CDCP is not consistent with other dental care plans. It's a complex government program, and it involves more complex authorization processes that we believe will disrupt patient care.
Our goal from the beginning has been to make sure the CDCP succeeds. That is why we made recommendations on how the program needed to be designed to work for vulnerable populations. That's our focus. We want to work to reduce the barriers to care, not to see new ones implemented.
On a final point, as of today, there are a lot of unknowns about this program. For example, dentists don't know how coordination of benefits with provincial programs is going to work. We also don't know exactly what level of services will be pre-authorized to meet patient needs.
I want to finish by thanking the committee for having us here today, and for listening to these concerns. We believe in the intent behind this program, and want to work with the government to get it right for patients. All Canadians deserve the best oral health care possible. The program needs to be designed so that it works for patients, and the dentists and staff who care for them.
Thank you very much.
:
Ladies and gentlemen of the committee, good morning.
My name is Maxime Dorais, and I'm co-CEO of Union des consommateurs.
I would first like to thank Mr. Gabriel Ste‑Marie for inviting us to appear before the committee to present our analysis of Bill .
First, let me introduce you to our organization. Union des consommateurs represents 14 consumer rights associations. Our mission is to promote and defend consumer rights, with a particular focus on low-income households.
In addition to consumer law, Union des consommateurs' team of risk analysts also takes a keen interest in social policies. On top of research and public awareness work, the union undertakes collective actions to support consumers and advance consumer law.
As part of the bill currently under study, we were primarily interested in measures affecting competition and affordability in grocery stores.
I'll now hand over to my colleague Olivier Surprenant, public policy analyst.
:
Good morning, members of the committee.
First of all, we welcome the changes to competition law. Increasing competition can be a way of reducing the price of goods and services. Both the Competition Bureau and the Competition Tribunal must therefore have the right tools giving them greater power so that, ultimately, they can fulfill their mandate properly.
We particularly welcome the expansion of remedies available to private parties. In our view, this amendment is worthwhile in terms of defending consumer rights, particularly given the addition of remedies for deceptive commercial practices.
We also welcome the intention to frame the right to repair and the government's intention to consult on this issue, as confirmed in Tuesday's budget.
In short, we believe that the federal government should draw inspiration in particular from the French legislation surrounding repairability and durability ratings.
When it comes to regulating grocers and suppliers, we believe that industry self-regulation through the Canada Code will not achieve the desired objectives. It is essential to adopt a mandatory code of conduct between grocers and suppliers, to provide it with sanctions, to have its application supervised by an independent authority, in this case the Competition Bureau, and above all to ensure that consumer groups are consulted as part of its development.
In addition to the competition measures set out in Bill , we believe that other measures would help reduce the effect of the rising cost of living, particularly when it comes to food.
That is why we are proposing, for one, to abolish the Goods and Services Tax, or GST, pertaining to essential goods and products, including all food products.
We are also proposing that the government tackle the problem of shrinkflation by imposing mandatory display of quantity changes to products for a period of six months, following the example of Brazilian legislation.
In summary, we believe that Bill provides some very promising measures to tackle the rising cost of living. We believe, however, that the bill could go even further, including by making a code of conduct for grocers mandatory and by abolishing the GST on food products.
Thank you very much for your attention.
:
Mr. Chair, Deputy Chairs, members of the House of Commons Standing Committee on Finance, good morning.
For those who don't know me, I'm an associate professor and vice-dean of research at the University of Ottawa's Civil Law Section. My areas of expertise are corporate criminal law, general criminal law, business law, corporate regulation and competition law.
I am very pleased to appear before you to share my thoughts on section 6 of Bill , namely competition-related measures.
Let me add that, although I have prepared this statement primarily in English, I will, of course, be happy to answer your questions in the official language of your choice.
[English]
This is the first time that I am appearing before FINA—I'm glad to be here—but it is not the first time that I have appeared before parliamentary committees over the past couple of years, as the government has undertaken a major reform of the Competition Act, the first since 2009. As you know, the reform has been split into three parts: Bill , enacted in June 2022, then Bill , enacted in December 2023, and now Bill before you.
In the interests of time and given the scope of the proposed reform to the Competition Act, I will make four general points rather than going into detail about the extensive changes proposed, but I am at your disposal to answer questions on any aspects of the reform, and I may very well submit a brief if I have time.
Let me start by saying that the reform has made a lot of changes to the Competition Act, but not enough. Given the amount of political and public attention being directed at the state of competition—or the lack thereof—expectations for positive change flowing from this reform are very high, but are they warranted? To me, this is the central question that cuts across all aspects of the reform. Will we have better and more effective enforcement against anti-competitive practices and will we also at the same time promote better market and business conditions to promote a dynamic and innovative economy?
In my opinion, whether these expectations can be met depends on whether we are prepared to do what is necessary to operationalize the reform in a way that respects the spirit of what is driving the changes. It is also essential that we adopt a mindset of competition law and policy as a dynamic process that adapts to an ever-evolving economy while remaining true to the underlying values that Canadians share.
While there have been many changes to the act, fundamentally, it's still a cumbersome, overly detailed legislative text. This in the past has led to the development of complex analytical frameworks requiring specialized expert evidence. Obtaining remedies to anti-competitive behaviour is difficult, expensive and uncertain.
Many of the changes in the act right now are designed to respond to long-standing criticisms and to enforcement challenges, but I worry, to be frank, that fixing these problems is only.... We're not really addressing the underlying structural problems of how the act is designed. The fact that we've got all of these little different ways of going about characterizing conduct is actually just going to generate new problems. We haven't really done the rethink we need.
I could give one example. There's been an attempt to standardize the way we approach different reviewable practices, but in doing so, the fundamental question is, do we need to do that or could we just have one recourse for anti-competitive practices? Why, all of a sudden, are we blurring the lines between all of these different recourses? To me, that's creating a legal ambiguity that's not going to help anyone. I have other examples, but I'll talk about that in the questions, because I see my time going.
The second thing we need is a mechanism by which the act can be updated on a regular basis. Even with a perfect reform right now, we can't just stop and rest on our laurels. I think it's prudent to think about that now. We've had 15 years between the last reform and now; that's too long. What that means is that we've had to take on a huge reform and split it over three bills, but we've done it in two years. Everyone is still catching their breath, it's been so fast.
Given the pace at which technological and societal changes are occurring, I think it would make sense to plan for periodic review at maybe a three- or five-year interval. That way, we could do things in manageable chunks and not have to use this sort of wholescale giant process and then put it in a budget bill. I think we have to get into that mindset.
The third thing I'm going to raise is that for this reform to work it needs to be supported by adequate resources and expertise. Bill and Bill especially add considerable components to the bureau's mandate, and I don't see any new resources coming here. The last ones were allocated in 2021, as far as I know.
I worry for things like understanding labour impacts in mergers and trying to determine whether the bureau can issue a certificate for expertise in environmental issues. Are those things that we should just leave to the existing resources? I think we need to ask ourselves that question: Do we have the resources to make this work?
Finally, this is not the end—and I will close quickly, Mr. Chair. At the beginning of this process a couple of years ago, there was a lot of energy and enthusiasm, and it seemed like there was more audacity and willingness to think outside the box. Then we kind of got into a more technocratic mindset, and what we have before us are a lot of changes, but they are mostly technical and legal.
I think we still need to have that broader conversation about what competition law and policy in the 21st century look like, and we need to do that by consulting people and talking to Canadians about what they want and then maybe having a broader process of approaching it. There's a lot of energy. There are a lot of new voices to the conversation. There's a lot of enthusiasm. I really wish they would do that.
Thank you.
Thank you to our witnesses for attending today on a very important act, specifically talking about competition.
Canadians know that we have a competition monopoly problem in Canada. Canadians are paying some of the highest fees and have an affordability problem for groceries, airlines, cellphones and banking. We've been very focused on looking at those changes, and the government has brought forth some of those changes and some of those bills.
Ms. Quaid, the first bill you mentioned, Bill , was the Affordable Housing and Groceries Act. Of course, we're looking at Bill now with new changes.
I have a short question first. Yes or no, does Bill fix our monopoly problem, our competition problem, in Canada?
:
We saw that with Bill , too, I think. You've mentioned in the past that it tinkers around the edges.
I really want to get into how we fix competition in Canada. You talked about probably looking more at a focused approach, looking at the Competition Act as a whole. The amendments to these bills fix some of the overlying problems that we've had for years. We know that we have, when we look at mergers that were approved by this government.... Let's start with mergers, perhaps.
We had the Rogers and Shaw merger that was approved. Even though the Competition Bureau said that this merger shouldn't have gone through, the tribunal that was in place said that it should go through. Then what was really surprising was that Rogers sued the Competition Bureau and got over $13 million from it because of the tribunal's reaction.
How do we fix mergers, and if that's one of the main aspects, is that the most important aspect we should be looking at? What are the one or two most important aspects that we should be looking at in the Competition Act to fix?
:
I'll try to respond briefly.
Mergers are something that has been modified over the past couple of bills. What I worry about is that we're doing things that make good sound bites but don't necessarily fit into an overall structure.
One of my worries is that we repealed the efficiencies defence. I was one of the people who were not fans of the defence. However, we still have to think about how we evaluate pro-competitive benefits because mergers do provide pro-competitive benefits, depending on the circumstances. We've just left that silent, along with a bunch of other things that were associated with section 96 that I don't think are going to go away. We also have added a whole bunch of new things. There's been an attempt to try to put some structural guardrails around merger reviews, so market share now can be taken into account and so on.
However, we haven't really stepped back and asked what the right levels are. Should we have structural rules, and what are they? What's appropriate for Canada? I worry that the intentions are good, but that we haven't necessarily had the time, quite frankly, to seriously think about what a restructured merger law would do that would help us, given our economy, given the tendency towards concentration. What do we do? I think we need to think about that. I don't think we've done enough yet. I worry that what's happened is that we've tinkered with a bunch of things and that it's not going to produce results.
I don't think that mergers are the only area that's important. I do think that dealing with practices where market power is used for anti-competitive reasons also needs to be addressed—and there are a bunch of flavours of that kind of conduct; we call them reviewable practices. I really am asking myself this in looking at the way the reform was done: Why don't we take these things apart, take a look, and say what bothers us about the abuse of economic power? Why are we actually parsing it into little categories? Why don't we rethink and start over? I think that abuse of a dominant position—that, more generally, abuse of economic power—should be rethought, particularly with the digital reality.
Finally, I do think that although some of the aspects of deceptive marketing are interesting, we need to think about that, too. Greenwashing is a big issue. Does it all need to be done by competition, or could it be done in other areas? We have to think about how those pieces fit together.
Those are some of the things that are high-level. I suppose the other small thing I would say is that we're adding a lot of private rights of action that go to the tribunal, but no one's talking about the tribunal. How is it resourced? Right now, it's a roster of a few Federal Court judges and lay members. Who are those lay members? Maybe we need to diversify the skills. We're not thinking about that.
:
Thank you, Chair. I want to thank the witnesses for their testimony.
I want to ask my questions to Mr. Brown. I think it's appropriate that we're having this discussion today, because it is National Tourism Week. This is very much a tourism-related issue, and Whistler is one of the flagship tourist destinations in Canada.
You described in your opening how we have these areas of Whistler that are zoned specifically for short-term tourist rentals, and the unit base was built up by seeking foreign direct investment, but they're actually restricted from becoming long-term rentals, because of the covenants that were put forward by the municipality.
I was hoping you might be able to expand on this. What is the volume of properties that will be impacted by this underused housing tax, which will be an annual tax on the value of the property?
:
If an international property owner sells to a Canadian, the following could occur. First, the resale of these properties would not go to local community residents. As resort lands, properties are not suitable for residential living, so the resales would likely go to British Columbia second-home owners, who would use their properties more often due to their close proximity to Whistler. However, this would further decrease the volume of accommodation inventory available to rent for tourists.
Further, B.C. second-home owners typically visit on weekends and holidays adding to the busy weekend congestion, whereas international second-home owners and nightly vacation renters typically support longer stays, filling the needed mid-week periods.
However, there's no guarantee that Canadian demand would fill these anticipated resale gaps that could occur if UHT tax proceeds to include tourist-zoned accommodation, noting that most international owners are not prepared to pay the tax so would likely sell at a time when real estate sales are currently soft. The B.C. market is also saturated. We have heard of some sales going to Lower Mainland second-home owners, but in other cases, these properties are sitting on the market, but...not willing to sell.
Instituting the UHT on resort land properties would therefore not add to the local tourist housing stock, not support increased residential usage, but rather, take away from needed tourist accommodation inventory and resort-wide tourism business revenues, while harming Whistler's real estate industry.
It's a pleasure to be here with you today.
I'd like to thank the witnesses for joining us for this important study.
To those of you here on behalf of Union des consommateurs: As you know, the NDP is very proud to have begun setting up a dental care program for a good segment of the population. We're talking about individuals whose net income is below $70,000, or families with an income below $90,000, who would be reimbursed, in most cases, at a very high percentage rate. At least, that's what we hope, but negotiations are ongoing. That's four million Quebeckers who don't have dental insurance right now. This program will help many people with their oral health, as well as their health in general.
In a press release issued on March 12, you said that, while this new program was a desirable initiative, it still left out many Quebeckers and Canadians and remained incomplete. In your opinion, what measures should be implemented to enhance this program that will benefit thousands, if not millions, of people?
:
Excellent. We agree on that.
Of course, when I talk about a public, universal plan, you can probably guess where I'm headed. Several stakeholders in Quebec civil society, such as the Fédération des travailleurs et travailleuses du Québec, the Centrale des syndicats du Québec and the Confédération des syndicats nationaux, are calling for a universal, public pharmacare plan.
There is a plan in Quebec, but it's hybrid. It's a public-private plan that has its flaws, among which is an inability to adequately control drug prices. A few years ago, you submitted a recommendation to the Standing Committee on Health in favour of universal pharmacare, and you hoped that the government would work with the provinces to achieve this goal.
In your opinion, why is this the best option for controlling and lowering drug prices, not only for patients, but also for the health care system?
:
I think the first point is that we have made some progress. I'm not the only one to have said that of course the existence of competitive markets and a functioning competitive system does contribute to keeping price levels down. It's also being responsive to demand because it's not just about price. It's about quality and it's about what consumers want.
I don't want to say that competition does nothing about it, but it's not as direct or as causal as is being suggested. Certainly none of the changes.... That's what I worry about particularly.
You ask what the recipe is. I think the recipe is to take a step back and ask what our objectives are.
People didn't like it when I said this, but I said that the purpose clause identifies the benefits from competition, but maybe we need to rethink that. Are those the rights ones? Is that all of them?
You can't have 15 objectives, but you could think that, in the 21st century and where we are at with the way things are, maybe we have to think about things differently. I've always said that competition policy should be aligned with the priorities of Canadians. We need to ask ourselves...and you are the best placed, as members of Parliament, to figure out what Canadians want.
Then you ask what tools we need, how much money we need and what resources we need. How much expertise do we have to go and get?
The bureau has a lot of expertise. It has some budget, but I would suggest that for some of the things we're asking them to do, it doesn't necessarily have the capacity now. They could develop it, but that doesn't come out of thin air.
To me, it starts with the master plan and asking, “What do we want? What are the important things?” Then you build around it.
Right now, we're doing a lot of targeted, reactive things that I worry are not going to play out the way people think.
:
Thank you to all of the witnesses. I'm sorry the time is so short.
Dr. Burry, if I could start with you, you noted in your opening comments that you spent a significant portion of your career with vulnerable populations.
I want to give a shout-out to the Newfoundland and Labrador Dental Association, which I worked quite closely with in putting a largely volunteer clinic in place with hygienists and denturists. They're really having incredibly strong outcomes for the most vulnerable in the community.
I really want to touch on that. I saw first-hand, obviously, the health care outcomes and how this becomes preventative.
Would you speak to what you saw in your practice with vulnerable persons and the importance of dental care for all, so that it truly is an equitable, essential service?
:
I've dealt with everything from individuals living on the streets, to individuals in long-term care, to individuals with significant health problems. As you age in particular, you have significant health problems. Oral health becomes a real, critical part.
Not surprising, if you have other health-related problems, you have oral health-related problems and you need a lot of additional care.
I'm familiar with the projects. I know the dentists that you're speaking of specifically. I know the volunteer effort they put in.
That's something you simply cannot do in private practice settings. These individuals need a lot of additional support. I would say the same thing applies to individuals in long-term care in particular because you're not just dealing with the individual. You're dealing with the families, the caregivers and others who provide that support.
This program is so important to us, in that the group of individuals who the government is now going to be offering these benefits to are seniors and people with special needs. Individuals well over the age of 87 are now starting to come in.
Providing dentistry to those groups is challenging. I did it for a good part of my career. That's why the program needs to be designed to assist them.
:
First of all, I'll start with the question. We're not in a negotiation. I don't know where that concept came from, but we're not negotiating with the government. We're providing advice to the government about how the program should be structured, what this should look like and so on.
When it comes to the generally accepted process within how dental care is covered, it's usually based on the provincial and territorial dental association fee guides. These have been developed for decades now across the country. They're a reference that the insurance industry uses in terms of payment and reimbursement.
With the CDCP, the government has elected to have different reimbursement rates that it has established by province, and there's not much consistency in that, in terms of the percentage of reimbursement and so on. It's very complex in terms of how that's defined.
What we've said from the beginning is that the most appropriate thing is for the government to reimburse the provincial and territorial fee schedules. It makes it relatively simple—everyone understands the system and how it works—rather than adding complexity.
Thank you, Mr. Boulerice.
[English]
At this time we want to thank our witnesses.
Thank you for your opening remarks, for your testimony and for your many answers.
If there were some questions from members that you're not able to answer at this time, you can submit them through the clerk, please, along with any other submissions you would like the committee to receive.
We thank you again for appearing on Bill .
At this time we're going to suspend as we transition to our next panel.
With us today we have the Competition Bureau Canada and the commissioner, Matthew Boswell.
Welcome, Commissioner.
Joining the commissioner is deputy commissioner, mergers and monopolistic practices branch, Jeanne Pratt; as well as the deputy commissioner, competition promotion branch, Anthony Durocher.
From the Office of the Parliamentary Budget Officer we have the Parliamentary Budget Officer, Yves Giroux.
Welcome.
Joining Monsieur Giroux is Diarra Sourang, who is the director of political analysis.
Welcome.
At this time we will start with the Competition Bureau Canada for a five-minute opening remarks statement.
:
Good morning, Mr. Chair and members of the committee.
Thank you for the invitation to appear before you today.
[Translation]
My name is Matthew Boswell and I am the commissioner of the Competition Bureau. Joining me today are my colleagues Jeanne Pratt, senior deputy commissioner of the mergers and monopolistic practices branch, and Anthony Durocher, deputy commissioner of the competition promotion branch.
As part of your study into Bill , we submitted a brief outlining a number of recommendations that we believe could strengthen this already important piece of legislation. During these opening remarks, I would like to focus on our two recommendations relating to merger review.
[English]
The first of our recommendations with respect to mergers is for Canada to adopt a rebuttable structural presumption system in our merger law.
The idea is quite straightforward. Mergers that significantly increase concentration in highly concentrated markets are more likely to harm competition. Beyond certain thresholds, there should be a presumption in the law that a merger is anti-competitive, and merging parties should then have an opportunity to rebut that presumption.
This is not a novel idea. The U.S. has taken this common-sense approach for over 60 years, backed by U.S. Supreme Court precedent. We recommend adopting the threshold set out in the U.S. "Merger Guidelines”. Those thresholds are supported by a large number of economists and legal scholars and are consistent with retrospective studies that look at the actual effects of mergers in concentrated industries. Harmonizing Canadian law with the U.S. merger guidelines would, of course, also increase predictability for businesses and improve co-operation in cross-border merger reviews.
This is the kind of definitive reform that's needed if we want to see a true course correction in the way that mergers are treated, and avoid further harmful consolidation in Canada.
The second recommendation I'd like to highlight is our recommendation to strengthen our ability to remedy anti-competitive mergers.
Merger review is our first line of defence for protecting competition. However, when we find that a merger is anti-competitive, the law does not require strong remedies. The Supreme Court held that the goal of a merger remedy is simply to mitigate the harm from a merger so that it is no longer substantial, and to do so in the least intrusive way. As a result, we sometimes end up with merger remedies that take a strong competitor in a market and replace it with a weaker one.
The U.S. accepts only merger remedies that fully maintain competition, reflecting, once again, a common-sense view that the public should not bear the cost of a risky remedy.
In the European Union, merger remedies have to eliminate the competition concerns entirely, and have to be comprehensive and effective from all points of view.
In the United Kingdom, the objective is to ensure that competition, following the remedy, is as effective as pre-merger competition.
There is, in my submission, no reason why it should be any different in this country.
Our brief provides model legislative text that would implement each of these recommendations.
[Translation]
In closing, allow me to reassure you, we are committed to transparent, principled and evidence-based enforcement of the act for the benefit of all Canadians. If Bill becomes law, with or without our proposed amendments, we will implement the changes responsibly and provide guidance to business and stakeholders on our approach.
I want to thank parliamentarians for their diligent efforts in modernizing Canada's competition law framework. A more competitive economy will benefit all Canadians—by offering more choice and greater affordability for consumers and businesses and by stimulating productivity throughout the economy.
[English]
Thank you very much. We look forward to your questions this morning.
Ladies and gentlemen members of Parliament, thank you for inviting us to testify today.
We are pleased to be here to talk about Bill .
Contrary to what you mentioned earlier, Mr. Chair, I am indeed accompanied today by Diarra Sourang, whom you correctly named, but to whom you attributed a title she does not have. She's director of economic analysis, not political analysis, a type of analysis we don't do in our office. I just wanted to be clear on that.
My mandate as Parliamentary Budget Officer, as defined by the Parliament of Canada Act, is to provide parliamentarians with independent, non-partisan analysis to help you fulfill your constitutional role of holding the government to account.
[English]
To this end, on December 7, 2023, my office published an analysis of the fall economic statement—published by the Department of Finance on November 21, 2023—and more recently, on March 5, 2024, we published an update of our economic and financial outlook. In the coming weeks, consistent with our practice, we will publish our detailed analysis of the government's most recent budget. These analyses are intended to provide parliamentarians with important information on key issues to inform your discussions on the country's economic and fiscal situation.
To leave more time for your questions, I will stop here. We are pleased to respond to any questions you may have regarding our fall economic statement and budget 2023 analysis, or other work carried out by my office.
I read some Senate committee testimony that led me to believe there was a little bit of surprise there.
Your office does some great work on looking at departmental spending plans and the people plan for government. My recollection is that every year, for at least the last four or five years, each departmental spending plan will show that in the next year the total number of full-time equivalents, FTEs, will drop, except that when that year finishes it turns out that isn't realized and the number actually goes up.
In the budget that was just presented two days ago, the government is banking on, because it's capturing the savings from a reduction in full-time equivalents.... Have you actually seen a reduction in full-time equivalents in the last five or six years from one year to the next?
:
Thank you so much, Mr. Chair.
I want to say a huge thank you for the excellent presentations.
I'll start off with our competition commissioner. I have been very worried for years about a lack of business investment by our businesses in Canada. Before the pandemic, we had probably over 10 years of historic low interest rates. Typically, the theory is that if you have low interest rates, companies are going to take the cheap capital and actually reinvest in their companies. We did not see that.
I've suspected that one of the key things is around competition. Our government has done a lot of consultations around competition and how we strengthen competition law. I think we've had three bills that have attempted to strengthen our competition law and update it: Bill , Bill and now Bill .
Just as a general first question, would you say that collectively the changes we've made to the competition law and the act have made it overall much better and that Canada will be more competitive?
:
What I can say is that the amendments we saw to Bill and Bill , and the amendments that are proposed to Bill , are significant changes to Canada's competition laws. They are generational, in fact. They make positive changes in multiple different ways.
With them, Canada is catching up to the rest of the world. As I've said before this committee, we have been an international outlier on many fronts in terms of how we handle competition in Canada. What we've seen are positive changes to catch us up.
I would say it's not a question of putting a banner up that says, “Mission accomplished” on a ship in New York Harbor. This is constant work that we need to do. There are other things that other countries are doing that we have not yet tackled in Canada, including really talking about how to deal with digital platforms and the serious competition issues that they can present. Other countries are taking very definitive strides in that regard.
To go back to your point about the lack of business investment in Canada, about a month ago, StatsCan put out a report that analyzed a 15-year period that demonstrated quite clearly the decline in business investment across the country. It pointed to competition as a significant factor in the lack of that investment. When you're not afraid of somebody eating your lunch—I'm sorry to use the proverbial term—there isn't that drive to invest in order to get better, produce better products, be more efficient and all of those things. It's a big issue.
The amendments are certainly significant. As you heard in my opening comments, I don't think we could go further, even in Bill , to further strengthen various aspects of the Competition Act in Canada.
:
Absolutely. This is something I've been talking about publicly for several years now. We need a whole-of-government approach to competition in Canada. We needed it years ago. It's overdue. It's very important for driving productivity in the Canadian economy.
There's the Australian example of the Productivity Commission in the 1990s, which took a whole-of-government look at regulations and laws that hindered competition across the economy. It was the federal government plus the states. They looked at 1,800 laws and regulations, amended them to allow for more competition and saw huge benefits. A 2.5% increase in GDP is a conservative estimate. That's $5,000 Australian per household. This is what we need to do. We're second-last in the OECD in terms of regulatory barriers to competition in this country, and that is a huge problem.
I should point out, as well, that President Biden in the United States put in place an executive order on competition several years ago that directs all agencies of the federal government to look at ways they can enhance competition in their particular area. They've been taking tremendous steps to do that. That's another example we can point to.
This is incredibly important for our country, because these regulatory barriers to competition are holding us back and holding our economy back. It's an unforced error—to use a tennis term—that we need to address. It can only be done through leadership at the highest level working with the provincial, territorial and municipal governments to attack these problems hurting our economy.
:
As you mentioned, this new expression is now part of our terminology.
In English, we use the adjective “suppressed”. In French, one could speak of demande réprimée, but we have chosen not to use these words, given their negative connotation.
We speak of non-formation of households when the demand is there, but there isn't enough relatively reasonably priced housing available, whether it's a condominium, a house or whatever. So we're talking about people who, for example, are forced to live with roommates or their parents for a little longer than they would have liked because of the lack of suitable housing, which has consequences. When such housing becomes available, one might think that demand is likely to come solely from demographics, i.e., immigration and normal household formation. However, there is also this demand that has been suppressed over the years, and these people are also coming onto the market. As a result, when the supply of housing increases, the easing of pressure on prices is not as great as expected, given that this stock of some 630,000 households is also waiting for housing.
It's difficult to get an idea of the number of people affected. We'd have to make some assumptions about the average number of people per household, but we can estimate that it's at least two to one. So for 630,000 households, I'd say that easily corresponds to over one million people.
:
That's very good, thank you.
I now turn to the representatives of the Competition Bureau Canada, namely Mr. Durocher, Mr. Boswell and Ms. Pratt.
The letter that the bureau sent to the committee on March 1 states that the amendments proposed in Bill , as well as the recent reforms made in bills and , represent a generational upgrade to Canada's competition legal framework. All three bills mentioned are budget implementation bills.
Do you believe that reform of the Competition Act, through a bill dealing solely with it, would be beneficial so that parliamentarians can weigh every effect of the act and of any amendments made to such a bill?
:
This is a question we address every year when we publish our report on the financial sustainability of the federal and provincial governments. It's an exercise we usually do in the summer.
The last time we did this exercise, we realized that the long-term financial viability of the provinces had reached its limit. That said, some provinces were in better shape than others, notably Quebec, which was in relatively good shape. We will repeat the exercise this summer and update our data.
However, as you mention, it's clear that the determining factor for the provinces and territories is the aging of their populations, which has a very significant impact on the cost of health care services. An aging person obviously costs the health care system more. What's more, this increase is not linear: a 90-year-old person costs much more on average than a 65-year-old, for example.
I thank the witnesses for being with us today to participate in this discussion.
Mr. Boswell, from the Competition Bureau, in the letter you sent on March 1, you talked about the phenomenon of “greenwashing”, which can be translated into French as écoblanchiment. I've just checked the translation.
This is a concern for more and more consumers, as brands and products use phrases in their advertisements like “net zero” or “carbon neutral by 2030”. Sometimes it's about an entire company, not just a product, or it doesn't take into account the supply chain and different environmental impacts, which could be considered misrepresentation or misleading advertising.
In your opinion, do we need to amend section 236 of Bill C‑59 to include these environmentally related misrepresentations?
:
Thank you for the question. I'll answer in English again, if I may.
[English]
As we point out in our submission to this committee, the issue of greenwashing is a very significant issue on which the bureau has multiple, ongoing investigations. We've brought cases in the past. For example, we fined Keurig $3 million for false or misleading claims about the recyclability of its pods.
We welcome the amendment that is in Bill now, but as you point out, it's limited to products, not to claims with respect to a business or a brand as a whole being, you know, net zero by 2030 or carbon neutral. These are claims that can be false or misleading.
What we say in our report is that we recommend further study to expand the greenwashing provisions to potentially include a requirement where companies are able to substantiate those business-wide claims. It wouldn't be a situation like the amendment in Bill now, where it relates to a product and they have to have done adequate and proper testing and the proof is on them. It's more a question of whether there should be a clause that says that the company needs to be able to substantiate its claims and that the proof should be on the company.
I can indicate at a high level that these investigations into business-wide claims or brand-wide claims are extremely difficult investigations for the bureau. Obviously, we're not environmental experts; we're competition law experts. These investigations are incredibly resource-intensive. As is publicly known, we get complaints from multiple organizations to look into these types of greenwashing claims. We are pursuing them, and we take these very seriously. We can also attack them under our general false and misleading claims..., but the point in our letter is that perhaps there should be further study about expanding....
:
I was as surprised as you were by the differential treatment and timing of these tax changes.
The cigarette tax increase came into effect immediately, because we didn't want people to rush to the convenience store to buy cheaper cigarettes. However, on capital gains, we don't mind giving two months' heads-up to those who could rearrange their taxable business or affairs to escape the higher capital gains rates. I don't know why; that's surprising, to say the least.
The impact is that, on the cigarette tax, it's fairly straightforward; it was difficult to escape the tax increase. However, for capital gains, it's very likely to lead to a phenomenon where people will sell some assets before June 25, so that their capital gains will all be taxed at 50% rather than at the higher two-thirds rate. We are likely to see an increase in capital gains taxation, or the taxes collected on capital gains, in the current fiscal year, and probably a lower amount, or a displacement of capital gains tax revenues, from future years to this year.
I think it's pretty clear that it doesn't give the whole picture, then.
Given that I have limited time, I would like to turn to the Competition Bureau for some questions.
We've heard a significant amount of testimony that mirrors your recommendation on greenwashing, such as that we look at all environmental claims rather than simply just products of companies. We've also received submissions suggesting particular legislative changes to the act to cover claims overall, and, rather than requiring companies to prove those claims, as is necessary with individual products and can be done, to require those companies to provide evidence to back up that claim.
I was hoping you might be able to comment on this as a measure going forward and as a legislative change, and whether and when the Competition Bureau would be ready to act on those types of changes if they are brought forward.
:
Thank you for that question.
As I said earlier, we are recommending further study on expanding it to include business general claims, environmental claims or brand general environmental claims.
In terms of the specific recommendations that this committee has received with respect to greenwashing, it's probably best if we don't take a particular position.
What I can say is that if there is a move to have very prescriptive rules about what a company can and can't say when it comes to environmental claims or what a company must disclose in relation to environmental claims, I would suggest that the Competition Act probably isn't the right vehicle for that kind of regulation or legislation. That might be an Environment Canada thing or a provincial thing. Ours is a law of general application that has general provisions, as opposed to specifically saying what a company can and can't say, or what they have to provide at the time of making a statement.
I think that would probably be the best answer in terms of the bureau's view on these things, because we like to try to maintain the line that the Competition Act is a law of general application without very specific, targeted provisions relating to those sorts of things.
Mr. Giroux, I have a few questions for you.
You talked earlier about the effect of the carbon tax on the inflation rate. You said it might go down if the carbon tax were eliminated or it just might not go up as quickly. I think I've paraphrased you correctly on that.
The bank governor was here on October 30, I think. He confirmed that the carbon tax, at the time, added 0.06% to inflation, and that the increase from $65 a tonne to $80 a tonne would add an additional 0.15%. I think that if he were here today, after April 1, he would say that the carbon tax adds 0.75% to inflation. If it were eliminated today and if inflation is 2.9% today, arguably it would go down by 0.75 percentage points and it would be roughly 2.1%.
Just a couple of weeks ago, during the economic policy report, the bank governor said that they were holding fast on interest rates—they're holding the policy rate at 5%.
I am curious about your opinion. If the carbon tax didn't exist and the inflation rate had been 2.1% on that day, wouldn't it have been harder for the governor not to reduce the policy rate two weeks ago, saving thousands of dollars for every Canadian who has loans and mortgages?
Thank you to the witnesses.
I would like to clarify that the Bank of Canada confirmed to our committee in February that the annual increases in carbon pricing raise the average economy-wide price level by 0.1 percentage points.
Mr. Giroux, it's lovely to see you here. I know that I've seen you in other committees. I tend to focus on climate, because it is so incredibly important and certainly continues to add pressure to government budgets. Wherever we sit in terms of our action, there is no doubt that climate is impacting all of government. It's health care, it's infrastructure, it's disaster relief and on it goes.
Would you agree that climate change—and its impacts, which we're certainly experiencing in Canada—is a risk to the fiscal health of our country?
I'm trying to drill down a little bit more on that. In another committee a year ago, we spoke about hurricane Fiona, for example, which certainly affected my province. When we look at the wildfires, the floods and the data that shows the correlation between rising sea waters and the effect of wave action—certainly as I'm seeing on the east coast—we have the ability to start to follow a thread in terms of weather events that are unprecedented but are now becoming common occurrences as a way to capture the cost of inaction. That's my next question, which also links to an earlier question. You referenced that there's a cost regardless of what happens. I certainly worry about the cost of inaction.
We spend a lot of time on carbon taxes in this committee. “Tax” is not a word that I use, because it actually is money that doesn't go into government coffers. It goes in and it goes out, so it's a rebate.
Could you speak to the cost of inaction, again, as we're seeing an increasing number of devastating events across the country and the fiscal cost of governments having to deal with those?
:
Thank you so much, Mr. Chair.
Since I monopolized Mr. Boswell in my first round, I think I'm going to direct my questions to Mr. Giroux in this next round.
Mr. Giroux, I know there's been quite a bit of focus on climate change and some of the elements within the fall economic statement with respect to some of the things we're doing around reducing emissions. Particularly, an important pillar of Canada's clean economy is the investment tax credits that we've outlined and that were previously announced. What's different in our fall economic statement, though, is that we're actually providing a timeline for our path towards delivering on all of that.
I want to talk a little more about the impact of climate change on our overall economy. I believe it was my colleague who talked about the Canada Climate Institute saying that it has found that GDP has taken a $25-billion hit annually over the last 10 years due to climate impacts. The institute has also found that no economic sector is immune to climate change impacts. Climate damages will trigger net losses for most of Canada's economic sectors through lower productivity and output, lower returns on investment and reduced employment.
Therefore, lowering emissions is key. Do you believe that investing in credits like the investment tax credit is the best bet for preserving both the fiscal health and the economic stability of our country?
:
Thanks very much, Mr. Chair.
I wanted to come back to something about Mr. Lawrence's questioning on capital gains changes. I'd like to correct something he implied on the 10-week delayed implementation of the capital gains tax change that he alluded to. The 10-week delayed implementation of that is intentional, I understand. Actually, it's consistent with what past governments have done. For example, former prime minister Brian Mulroney did something similar when he was prime minister and had a delayed implementation.
Importantly, the current revenue projections in the 2024 budget are built on the understanding that there is a delayed implementation of this tax change. Therefore, the delay allows folks who are impacted to dispose of assets, if they so choose, in that 10-week period. As I think Mr. Giroux indicated, that would provide them with approximately a 10-week period of time in which those who are impacted by this could choose to dispose of assets, in which case the tax implications would be based on the current calculation of the capital gains. I simply wanted to clarify that for the record: that it was intentional and it opens up the opportunity for people who are touched by this to act under the current tax regime rather than the proposed new one.
The other thing I wanted to say is that there's been a fair bit of discussion in our committee about carbon pricing and the cost of climate change on our economy. We've asked you, Mr. Giroux, if you would consider looking at the implications of climate change on our fiscal balance sheet as well. To me, one of the things I spend a lot of time thinking about when I think about action on climate change is the costs of climate change to our economy and to our quality of life, and then the costs of the actions we must take, and I weigh those two things against each other.
One of the things I wanted to point out is that my colleagues and I have mentioned that the Bank of Canada governor spoke to the fact that the increase in carbon pricing has a one-time approximately 0.1% impact. He was also asked, I recall, at our committee—I believe by my Conservative colleagues—what the implications are of the overall carbon tax on inflation. At the time, if I recall correctly, he said that if you eliminated the carbon tax completely, there would be a one-time 0.6% reduction—one time, not every year, just once. Although that 0.6% no doubt would be helpful to Canadians, it's important to remember that this would take effect only in that one year. After that, inflation would return to whatever it would have been otherwise. The other piece of it is that there's a cost to that and to all of us in not acting on climate change.
The last thing I'll say is that we've had experts come to this committee and speak about it. We had an expert on food pricing, for example, come and speak to us. When I asked him what the major reasons for food inflation were, he indicated that the primary reason was extreme weather events, a significant portion of which are impacted or driven by climate change. He also spoke about the war in Ukraine and the geopolitical impacts of that.
If the food inflation that Canadians are feeling—which has been significant and far greater than 0.6% of an increase every year over the past number of years—is driven by extreme weather events, which are largely driven by climate change, then surely the cost of not acting on climate change is greater than the one-time 0.6% cost of acting.
Would you agree with that, Mr. Giroux?
This time, I would like to turn to the officials from Competition Bureau, which recently published a study about the GST exemption for psychotherapy and counselling therapy services.
My apologies, this question is for the Parliamentary Budget Officer. I was thinking that the Competition Bureau had produced another study, and those officials are wondering what they might have written on that topic because they don't remember.
Mr. Giroux, returning to your study on a GST exemption for psychotherapy and counselling therapy services, we and various stakeholders in Quebec maintain that the proposed change is still not enough. Further, we would like to propose an amendment to Bill to address this.
Can you tell us about your study on this topic? Is it much different from the government's analyses?
:
I would just like to say something about inflation. In terms of the effects of a government inflation policy, you have to make a distinction between a number of concepts.
By way of a simple analogy, we could compare inflation to the price of a car on a straight road. Inflation is the speed we are travelling at, and the price is the distance we have travelled. If inflation increases, our speed increases and we keep moving forward. If inflation slows down, our speed decreases, but we keep moving, more slowly though. If we remove or add a tax, that will affect our speed. But if we remove a tax, that does not mean we will be going backwards. Our speed will be slower, but the distance we have travelled has already been completed. We will not reverse, unless there is deflation, which has significant economic impacts.
I know this might seem obvious to many of you, but for people listening in, these two concepts can often get mixed up or be difficult to understand.
:
Thank you for the question, because it's important to clarify that that's not what we're suggesting.
We're suggesting that when certain mergers—and it would be a very small percentage of mergers in Canada—get over the thresholds that we set out in our submission to this committee, those certain mergers, which are mergers in highly concentrated industries that make them even more concentrated, are where there should be a structural presumption. Then, the company—we're not saying it's blocked entirely—has an opportunity in front of the court to prove that it's not anti-competitive. It's actually a very fair system, and it only applies to a very small percentage.
A good chunk of the mergers that we review at the bureau—and it is Ms. Pratt's team that does this every year, about 210 mergers per year—don't present competition problems. However, with regard to the ones that do, if they get through, they have an impact on the Canadian economy and on Canadian consumers for, conceivably, decades. That's why we need to have this kind of very robust merger law.
:
We have a new panel of witnesses with us now for the next hour.
We have the Association des producteurs d’acers du Québec. From the association, we have the vice-president, Nicolas Baron; the secretary general, Vincent Lambert; and the treasurer, Patrice Plouffe. Welcome.
From the Canadian Society for Disability and Oral Health, we have with us the vice-president and advocacy committee chair, Joan Rush. Welcome, Ms. Rush.
From the Montreal Economic Institute, we have the president and chief executive officer, Daniel Dufort; and the vice-president of communications, Renaud Brossard.
We're going to start with the Association des producteurs d’acers du Québec, please, for five minutes.
:
Good afternoon, Mr. Chair and distinguished members of the committee. I want to thank you for the invitation to appear before you today.
My name is Nicholas Baron and I am the vice-president of the Association of Acers Producers of Quebec, the AAPQ. I’m also the co-owner of Domaine du Cap, located in Acton Vale, in Quebec. With me today is our treasurer, Mr. Patrice Plouffe, owner of La ferme du loup, in Saint‑Paulin, in Quebec. I also have with me our secretary general, Mr. Vincent Lambert.
Acers, otherwise known as maple wines, were invented in Quebec in the early 1990s. They are the fruit of an effort to give maple syrup added value. These wines are alcoholic beverages whose alcohol content is obtained primarily through the complete or partial fermentation of concentrated maple water or diluted maple syrup. Fermentation consists of transforming maple sugar into alcohol using yeast. This process yields products that cannot exceed 22.9% alcohol. In other words, “acer” is to maple what wine is to grapes, cider to apples or mead to honey.
Quebec’s artisanal producers must comply with the general conditions for obtaining and maintaining a small-scale production permit to produce alcoholic beverages made from sap or maple syrup. This ensures that local products are used and manufacturing practices are put in place to guarantee the quality of products. Artisanal producers are small businesses that employ 1 to 15 full-time employees annually. They each have their own sugar bush and produce their acers under the small-scale production permit for alcoholic beverages made from sap or maple syrup. That’s a requirement. Many of these businesses offer agritourism activities on their sites. By welcoming a large number of visitors each year, they contribute to the vitality of the communities in which they operate.
Given Quebec’s constantly growing supply of artisanal alcoholic beverages, acer producers decided to join forces. They set up an organization to represent their interests and ensure the development of their industry. Thus, on October 30, 2023, the AAPQ was officially founded following its first general meeting.
The acer production chain is restricted by an extensive regulatory framework that prevents businesses from reaching their full potential, especially from an economic standpoint. Furthermore, post-pandemic recovery presented a range of significant new challenges. In this difficult context, imposing excise duties represents a major challenge for the profitability of acer producers, as well as for this industry’s growth and success.
In 2018, Australia filed a complaint with the WTO, the World Trade Organization, on the grounds that Canada was violating free-trade principles by promoting local producers at both the federal and provincial levels. In 2021, both parties came to an agreement at the WTO. Canadian wine producers would have to pay the same excise tax as foreign producers. In 2022, excise duty notice EDN75 was published. It repealed the excise duty exemption for 100% Canadian wine.
Two years ago, however, the Standing Committee on Finance heard from Cider Canada and the Association of Mead and Honey Alcohol Producers of Quebec. They came to ask for the continued exemption of Canadian ciders and meads from excise duties. Thanks to your support, these products are currently exempt from excise duties. Indeed, the definition of “wine” under the Food and Drug Regulations applies exclusively to wine produced from grapes. This is consistent with the initial complaint before the WTO, where the subject of the dispute was solely grape wine.
For the same reasons applicable to cider and mead, the Association of Acers Producers of Quebec requests that you reintroduce the excise tax exemption not only for maple wines, but also for all wines not made from grapes. In point of fact, the reestablished excise tax should not apply to them. This proposal is in keeping with the Standing Committee on Finance’s recommendation 332, which proposed that the government of Canada “[c]hange the excise duty exemptions for all-Canadian wine produced from honey or apples to also include all fermented products other than grapes.”
Lastly, I would like to draw your attention to the fact that maple wine producers are mainly small and very small businesses. Every tax increase can significantly affect their financial viability. These companies don't just provide local jobs. They're also key players in our economy that contribute to the vitality of the areas where they operate. To preserve these jobs and foster economic growth in our communities, the excise duty exemption on our products must be extended.
I would like to thank you again for your time and attention. We look forward to answering your questions.
:
Chair Fonseca and committee members, good afternoon.
My name is Joan Rush, and I'm here on behalf of the Canadian Society for Disability and Oral Health, or CSDH. We thank you for this opportunity to speak to Bill and the Canada dental care plan, or CDCP. In addition to my comments to you, please refer to our written brief, which includes more detailed information on our recommendations to the committee.
The CSDH is a pan-Canadian, not-for-profit society run by expert oral health professionals and committed volunteers. We advocate for needed change to Canada's systems for oral health care delivery, education, research and governance to ensure equitable access to medically necessary oral health care for persons with disabilities.
More than 27% of Canadians live with a disability, half of them with a severe disability. Canadians with disabilities have the highest rates of dental disease among all Canadian adults and face the greatest barriers to accessing oral health care.
The CDCP presents an opportunity to lower these barriers and has the potential to enable Canada to meet its legal obligations to Canadians who live with disabilities. The CSDH applauds the federal government, which worked closely with its minority government colleagues, for creating the CDCP.
However, the CDCP will succeed in improving the oral health of Canadians who live with disabilities only if Canada's health, education, research and governance systems support it.
Regarding Bill , the CSDH understands that the provision of the bill concerning sharing taxpayer information is necessary to administer the CDCP; however, we are concerned that not all persons who live with disabilities have filed their taxes or applied for the Canada disability tax credit. We recommend that your committee encourage the CRA and relevant federal ministries to work with the provincial and territorial ministries of social services to ensure that every person with a disability is assisted to file a tax return and to complete all administration necessary to qualify for the CDCP.
Our CSDH recommendations concerning the CDCP flow from Canada's legal obligations. The Canada Health Act enshrines the equal right of every Canadian to access medically necessary health care. Canada's private delivery system for oral health care fails to ensure equitable access to medically necessary oral health care to persons with disabilities, causing them pain, suffering and a loss of their oral and overall health.
Canada ratified the Convention on the Rights of Persons with Disabilities in 2010. Article 25 requires health professionals to provide care of the same quality to persons with disabilities as to others, including through training and the promulgation of ethical standards for public and private health care. Canada fails to meet either of these requirements of the convention.
Canada also breaches sections 7 and 15 of the Canadian Charter of Rights and Freedoms, which guarantee persons with disabilities security of the person and protection against disability-based discrimination. As lawmakers, I'm sure you agree that Canada must rectify this glaring failure to meet its legal obligations to persons with disabilities.
The CSDH makes the following six recommendations for changes to Canada's oral health care systems to meet Canada's legal obligations to Canadians who live with disabilities.
One, Health Canada should define oral health care for persons with disabilities as health care under the Canada Health Act, consistent with the World Health Organization's 2021 recommendation.
Two, the CDCP should recognize the additional treatment time necessary to treat a patient with a complex medical or intellectual disability.
Three, Canada must ensure access to essential medical infrastructure for patients with complex disabilities, including hospital or general anaesthesia facilities.
Four, Canada must train oral health providers to treat persons with disabilities to address the serious lack of appropriately trained professionals.
Five, Canada must collect data about the oral health status of persons with disabilities and research best practices to address their oral health needs.
Six, Canada must provide federal oversight to ensure the outcomes and the effectiveness of the CDCP.
Thank you again for offering the CSDH an opportunity to address you today. I will be pleased to answer your questions.
I would like to thank you for inviting us to discuss issues that significantly affect the quality of life of all Canadians.
One of these issues is productivity. This topic may seem harsh and difficult, but it has real implications. For example, lagging productivity means that Canadians work more hours per week than Germans. However, their incomes are no higher than the incomes of Germans.
The further we fall behind, the more our quality of life declines. Canada ranks sixth among the G7 countries in terms of productivity. The value produced by a Canadian worker averages $53.3 per hour. The G7 average is $63.9, over $10 more per hour. In the United States, hourly productivity exceeds $70 per hour. In short, the United States simply isn't in the same league as us.
Unfortunately, the gap is widening. Canada is completely off track. We've had 13 consecutive quarters of declining productivity. Right now, we're back to 2016 productivity levels.
One factor that explains our relatively low productivity is the lack of private investment. In Canada, private investment in human capital averages $17,000 per worker per year. In the United States, the figure is closer to $27,000. Roughly speaking, this amounts to an annual investment gap of $200 billion compared to our American neighbours. Clearly, it's far-fetched to think that government investment could fill such a huge gap. This would amount to about 40% of Canada's budget, which is absurd.
As a result, we must focus on creating a tax and regulatory framework that encourages and increases investment in Canada. The last thing needed at this stage is to increase taxes on investments. When you tax something, you get less of it.
Let me be even less subtle. The recently proposed measure to increase the capital gains inclusion rate amounts quite simply to shooting ourselves in the foot. It's the opposite of what needs to happen. Any elected official who cares about the standard of living of Canadians and raising that standard should try to block the measure or overturn it at the earliest opportunity.
Canada's future prosperity and rising standard of living over time are vital to mobility and social cohesion. The current situation is particularly concerning.
Another topic at hand today is competition. The economic literature is quite clear on this topic. In a given industry, no number of competing companies is better than another number. Rather, it's always better everywhere to have fewer barriers to entry, and a regulatory framework that allows competition and that doesn't artificially raise prices.
For example, in the case of the telecommunications industry, spectrum auctions may be a practical way to increase government revenue. However, these auctions are ultimately paid for by all Canadian consumers.
In short, it would be futile for the Canadian government to attempt to control the number of companies active in a given industry, or to prevent transactions, particularly for companies looking to gain efficiencies. However, the government should conduct a rigorous exercise to take stock of all the barriers to entry created by Canada's regulatory framework, with a view to removing these barriers in a systematic and orderly manner.
Thank you for your attention. We look forward to your questions.
Mr. Dufort, like you, I'm shaking my head about this increase in the capital gains tax.
All of the indicators from all the experts, including Deputy Governor Rogers, are that we have a productivity crisis in this country. We lag behind Europe, and we lag behind the United States. In my mind, when you increase taxes on capital gains, you're actually taxing productivity, because what you're taxing is the increase in wealth derived from the combination of investment and labour inputs that created that wealth.
Why on earth would a government choose a policy that would further damage our productivity capabilities at the very time we can't afford it?
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It is an absolutely self-defeating measure.
Even when you look at the prospect of raising government revenues, we are faced with government spending that increases year over year, each time reaching new levels; meanwhile, this proposed tax has regressive revenues, in that it is slated to generate fewer and fewer revenues over time. How it is useful to the government to raise that tax, in particular, quite frankly baffles me.
However, what is more important is that when you tax something, you get less of it. Yes, the main driver of productivity is investment. If you tax investment, you get less productivity. If you have less productivity, you have decreasing standards of living for all Canadians.
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I fear, somewhat, that many people won't get the benefit they need, as I said, unless we change systems to make it more accessible.
I want to say that there is no social determinant of health that is more closely related to poverty than disability. The same people who are struggling to access care are more likely to be the impoverished members of our society. Yes, the provinces provide some small amount of care. It's not sufficient in any province or territory in the country, but they provide a little.
What we see is people unable to access care, whether they're disabled or simply impoverished. There are sometimes other issues too. If they're living in rural and remote communities, our dental care system does not ensure that they can access care. Again, there's often an integration with some degree of poverty.
Consequently, you find that people truly need medically necessary care and realize they cannot afford to pay the bill. We've seen this for expensive care for people who are, let's say, lower-income people with dental plans. They have to pay a 50% copay for things like crowns to protect their teeth. They can't afford them, so they don't.
The copays just in general care are too high, so people stay away, but people with disabilities also can't get themselves into hospitals or general anaesthesia facilities. We have not integrated oral health with health. Consequently, they are literally left standing on sidewalks outside of hospitals or going into emergency rooms and costing us all money when we cannot help them. We have to change this paradigm and ensure that we create a system that will work.
Yes, there's the potential for the CDCP to make an enormous difference, but only if we provide that infrastructure and only if we provide trained dental care providers. There is not one mandatory hour of special needs training in our faculties of dentistry at the moment. It's luck if any of them teach any of their students special care. Apart from the pediatric dentists, who stop treating people when they become adolescents, there is not a single hour of special needs care, so we have to change the training.
We have to change our research. We need an institute for oral health research. There are many parts to this, but just the money won't be enough to change the paradigm for people with complex needs.
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Yes. That's absolutely right.
Two weeks ago, I hosted a group of French people who work at the Bocuse restaurant. All the members of this family are restaurant owners and involved in their community. They contacted us and came to our place on a Saturday morning to visit the farm, discover a maple beverage that they didn't know about and that isn't made in other places and taste our outstanding maple products straight from the vats.
I spoke earlier about developing new products. I have many friends and neighbours in my area who grow berries. We could incorporate the berries into our beverages to provide colour and a more natural acidity. I'm thinking about the combination of products that we could develop. My colleague, Mr. Plouffe, could tell you about it, because he's already doing it. This could open the door to others.
However, it's complicated. We wonder which products will be taxed and which won't. Speaking of red tape, a new committee could be set up today just to talk about that. If things could be simplified, all artisanal alcohol producers would be grateful.
Perhaps Mr. Plouffe would like to take over from me.
It's so nice to see the witnesses here today. Thank you for taking the time to share your expertise with us.
I'm the critic for disability and inclusion. I'm going to direct my questions to Ms. Rush.
Initially, you shared some really important information. You shared some important realities about the inequities and barriers to access for persons with disabilities. I've spoken to many dentists in this space who are retiring and who are worried about who's going to fill the backfill. As you mentioned, there is no curriculum around this right now.
My question for you is in relation to your work. I'm sure you shared many of these messages with the Liberal government even before the budget. Could you share the top three things that you've shared with them that need to change, even if they're not necessarily in this bill, so that equal access is available for persons with disabilities—teenagers and above? If you could share some of those, that would be great.
We believe that the solution, as it is for so many things, lies in education. We believe there's a great need for that in all of the oral health care fields.
You talked about the curriculum and this gap. We recognize that advanced education is a provincial issue. On the other hand, we also recognize that the federal government funds, for example, the Canadian Institutes of Health Research, and what is researched in the universities becomes the fodder for what is taught in the universities.
We tie those two together and believe that we need, as a society, to ensure that we are doing work that is inclusive of every member of our community, so that we understand what the problem is, how big it is, what it will cost, and what we will need to try to address it properly. We try to ensure that we are creating trained individuals to meet this need. If we cannot expand the curriculum—that's the push-back we've received so much from the faculties, particularly of dentistry—then what we should do is create a new speciality in oral health care that would be able to meet the needs of people.
Remember, of course, that it's not merely people with developmental disabilities. Many people acquire disabilities, particularly as they age. We are leaving the two ends of the spectrum of our population at a loss here to access medically necessary care.
I think it's education and research. If I had to pick a third, it would be this issue that it is very difficult in a private system to ensure you're meeting all of the needs of people with complex care needs. We can't do it for everybody, which I recommend we do. Oral health care should be part of our public health care system, just as the international organizations all recommend. We certainly should include persons with developmental disabilities or persons with profound disabilities. They should be part of the public health care system, so you're not fighting these issues of how much time you're given in a surgery or how much insurance is available.
Ms. Thompson asked if the dental care plan is going to be a help. Of course it will be a help for some individuals who are more able. However, if we don't have inclusive spaces and trained providers, then what will they do with the money? It's going to be a help for the most able, but not as much help for those who are most challenged.
Thank you so much for your question. We really need to address those things.
People discuss this concept of intersectionality in legal issues. In the world of indigenous care, I am not an expert, but I work with the Indigenous Dental Association of Canada, and they have expertise. I'm well aware that while 27% of the population of Canada identifies as having a disability, that percentage is higher among our indigenous population, and the indigenous members of our community are more likely to live in rural and remote communities.
In access to care, we have the challenge that without regulation.... I realize that the panellists here are not fond of regulation, but without regulation, we have difficulty in ensuring that we're providing sufficiently trained individuals in rural and remote communities to meet the needs of people who live in remote parts of our country. We are always, in the case of persons with profound disabilities, requiring them to travel to urban areas to access medically necessary care. The systems don't cover those costs, of course, so you're often asking rural individuals, who are more likely to be less wealthy, to travel to expensive parts of our country to try to access care and to possibly stay for some period of time, if it's expensive and difficult to provide.
I think there's probably a greater challenge. If you are a disabled individual in a rural and remote community, you are much more likely to struggle with accessing care.
I have a background in my own province of being with a Crown corporation that provided residential and day services to persons with disabilities. One of the things we came to recognize was that, while we all know the stress of trying to ensure access to health care, many of the individuals with quite severe disabilities do not have any kind of financial planning arrangement for basic issues like tax filing. Part of what I've done in the last while is work with some of those organizations to try to get more recommendations out about getting this done.
Yes, I think the automatic filing is a great idea, but you do have to worry about whether or not the systems that are put in place meet the needs of individuals who struggle to provide legal consent. If you have to involve the public guardian and trustee in a province, for example, it can become much more complicated and time-consuming, but any of those kinds of measures I absolutely applaud.
I want to say this again, because I sound like I'm critical that the CDCP won't meet the needs: I absolutely applaud the CDCP. It will be necessary and will meet the needs of a huge number of people, especially those who are lower-income people, but we may need to make those kinds of changes to ensure people with disabilities are part of our recognized taxpayer system and can take the benefits they need that are given.
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I would just tell her to take her cue from recommendation 332 of the Standing Committee on Finance, which is quite wise and well thought‑out.
Two years ago, mead and cider were exempted from the excise tax. We applaud the government's proactiveness in making this move. However, the fact that some non‑grape‑based products are exempt, but not others, has added a layer of complexity and inconsistency.
As mentioned, blueberry and raspberry wines are still subject to the excise tax. Alongside these products are cider and mead. Blueberry cider producers, for example, will use berries in the fermentation process. The sugar from the berries is used to make the alcohol. As a result, these products will be subject to the excise tax.
This complexity, this red tape, is unnecessary. The committee's recommendation is another step towards comprehensive regulations.