FINA Committee Meeting
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Minutes of Proceedings
The witnesses answered questions.
The committee commenced its clause-by-clause study of the Bill.
Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) was postponed.
The Chair called Clause 2.
Clause 2 carried on division.
Jasraj Singh Hallan moved, — That the committee invite Mark Carney to appear on economic, fiscal, monetary and tax policy for four hours no later than May 17, 2024.
Debate arose thereon.
Philip Lawrence moved, — That the motion be amended by replacing the word “invite” with the words “issue a summons for”.
Debate arose thereon.
Don Davies moved, — That the debate be now adjourned.
The question was put on the motion and it was agreed to on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 6;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz, Gabriel Ste-Marie — 5.
The witnesses answered questions.
The committee resumed its clause-by-clause study of the Bill.
Clause 3 carried on division.
After debate, Clause 4 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 6;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz, Gabriel Ste-Marie — 5.
After debate, Clause 5 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 3.
After debate, Clause 6 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
On Clause 7,
Philip Lawrence moved, — That Bill C-59, in Clause 7, be amended by replacing line 37 on page 25 with the following:“a member;
(e) the borrowing was directly or indirectly used for the purpose of gaining or producing income from an activity carried out by the taxpayer or a person or partnership that does not deal at arm’s length with the taxpayer (referred to in this definition as the "regulated utility");
(f) all or substantially all of the property of the regulated utility is used or held for the purpose of gaining or producing income from an activity consisting of supplying property or services for the production, generation, storage, transmission, distribution, sale, delivery or provision of electricity, natural gas or steam, or any other input for the production of light, heat, cold or energy, or in support of those activities;
(g) the prices for the supply of property or services referred to in subparagraph (ii) have been established or approved by a government entity, as defined in subsection 241(10), or by a similar body of a country, province, state, municipality or other political subdivision, or by the governing or pricing body of an electricity co-operative; and
(h) the taxpayer files with the Minister an election in writing in the manner prescribed by the Minister. (dépenses d’intérêts et de finance-”
Debate arose thereon.
Gabriel Ste-Marie moved, — That the amendment be amended by deleting the words “provision of electricity, natural gas or steam, or any other input”.
The question was put on the subamendment of Gabriel Ste-Marie and it was negatived.
The question was put on the amendment of Philip Lawrence and it was negatived on the following recorded division:
YEAS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4;
NAYS: Yvan Baker, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 6.
Clause 7 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
Clause 8 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
Clause 9 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
Clause 10 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
By unanimous consent, Clauses 11 to 14 inclusive carried severally.
On Clause 15,
Adam Chambers moved, — That Bill C-59, in Clause 15, be amended by replacing on line 9 page 101 the number “2023” with the number “2024”.After debate, the question was put on the amendment of Adam Chambers and it was negatived on the following recorded division:
YEAS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4;
NAYS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7.
Clause 15 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 3.
At 12:30 p.m., the sitting was suspended.
At 12:31 p.m., the sitting resumed.
At 12:33 p.m., the sitting was suspended.
At 12:33 p.m., the sitting resumed.
At 12:34 p.m., the sitting was suspended.
At 12:35 p.m., the sitting resumed.
At 12:45 p.m., the sitting was suspended.
At 12:47 p.m., the sitting resumed.
Clause 16 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
Clause 17 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
Clause 18 carried on division.
Clause 19 carried on division.
By unanimous consent, Clauses 20 to 24 inclusive carried severally.
Clause 25 carried on division.
Clause 26 carried on division.
Clause 27 carried on division.
On Clause 28,
Yvan Baker moved, — That Bill C-59, in Clause 28, be amended by adding after line 23 on page 133 the following:“(2.03) Subsection (2.01) does not apply to a dividend received by an insurance corporation in a taxation year that is
(a) either
(i) received on a share (other than a share described in subparagraph (2.02)(a)(i)) held by the corporation in connection with an insurance contract entered into, issued or acquired in the ordinary course of an insurance business of the corporation, or
(ii) deemed to be received by the corporation as a result of a designation by a mutual fund trust under subsection 104(19) in respect of a unit of the trust that is held by the corporation in connection with an insurance contract entered into, issued or acquired in the ordinary course of an insurance business of the corporation; and
(b) identified in the corporation’s return of income under this Part for the year.”
After debate, the question was put on the amendment of Yvan Baker and it was agreed to on the following recorded division:
YEAS: Yvan Baker, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 6;
NAYS: — 0.
Clause 28, as amended, carried on division.
At 1:10 p.m., the sitting was suspended.
At 1:24 p.m., the sitting resumed.
Clause 29 carried on division.
After debate, Clause 30 carried on division.
Clause 31 carried on division.
By unanimous consent, Clauses 32 to 34 inclusive carried severally.
Clause 35 carried on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 6;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz, Gabriel Ste-Marie — 5.
On Clause 36,
Pursuant to the order adopted by the committee on Monday, December 6, 2021, the following amendment, submitted by Mike Morrice for the consideration of the committee, was deemed moved : That Bill C-59, in Clause 36, be amended by replacing line 26 on page 160 with the following:“2034, 30% or, in respect of a clean technology property that is intended for use for at least 183 days in any given calendar year, 15%;”
The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on page 772 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Adam Chambers appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Yvan Baker, Don Davies, Peter Fonseca, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 6;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz, Gabriel Ste-Marie — 5.
Clause 36 carried on division.
Clause 37 carried on division.
By unanimous consent, Clauses 38 to 71 inclusive carried severally.
On new Clause 71.1,
Philip Lawrence moved, — That Bill C-59 be amended by adding after line 18 on page 235 the following new clause:“71.1 Schedule VI to the Act is amended by adding the following after Part X:
PART XI Home Heating Fuels
1 A supply of fuel, such as natural gas, propane gas, heating oil, kerosene and electricity, for heating a home.”
Debate arose thereon.
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Marty Morantz appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
By unanimous consent, Clauses 72 to 95 inclusive carried severally.
On new Clause 95.1,
Philip Lawrence moved, — That Bill C-59 be amended by adding after line 8 on page 248 the following new clause:“PART 1.1
Repeal
95.1 The Greenhouse Gas Pollution Pricing Act, section 86 of chapter 12 of the Statutes of Canada, 2018, is repealed.”
Debate arose thereon.
The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.
Whereupon, Marty Morantz appealed the decision of the Chair.
The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:
YEAS: Yvan Baker, Don Davies, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7;
NAYS: Adam Chambers, Jasraj Singh Hallan, Philip Lawrence, Marty Morantz — 4.
At 1:59 p.m., the sitting was suspended.
At 3:35 p.m., the sitting resumed.
By unanimous consent, Clauses 96 to 136 inclusive carried severally.
On Clause 137,
Gabriel Ste-Marie moved, — That Bill C-59, in Clause 137, be amended by adding after line 13 on page 380 the following:“(3) Part II of Schedule V to the Act is amended by adding the following after section 7:
7.01 For the purpose of section 7 of this Part, a supply of counselling therapy services rendered to an individual in a province that does not regulate the profession of counselling therapy, if the services are rendered by a person who has qualifications equivalent to those necessary to be licensed or otherwise certified to supply such services in Quebec.”
After debate, the question was put on the amendment of Gabriel Ste-Marie and it was negatived on the following recorded division:
YEAS: Adam Chambers, Laila Goodridge, Gabriel Ste-Marie — 3;
NAYS: Yvan Baker, Don Davies, Julie Dzerowicz, Philip Lawrence, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 7.
Clause 137 carried on division.
By unanimous consent, Clauses 138 to 216 inclusive carried severally.
Clause 217 carried on division.
At 3:59 p.m., the sitting was suspended.
At 4:01 p.m., the sitting resumed.
On Clause 218,
Don Davies moved, — That Bill C-59, in Clause 218, be amended by replacing line 4 on page 423 with the following:“conviction to a fine not exceeding $500,000.”
At 4:05 p.m., the sitting was suspended.
At 4:06 p.m., the sitting resumed.
After debate, the question was put on the amendment of Don Davies and it was negatived on the following recorded division:
YEAS: Frank Caputo, Don Davies, Ed Fast, Laila Goodridge, Philip Lawrence — 5;
NAYS: Yvan Baker, Julie Dzerowicz, Gabriel Ste-Marie, Joanne Thompson, Ryan Turnbull, Patrick Weiler — 6.
Clause 218 carried on division.
By unanimous consent, Clauses 219 to 233 inclusive carried severally.
On Clause 234,
Don Davies moved, — That Bill C-59, in Clause 234, be amended by replacing line 7 on page 427 with the following:“sent only an amount imposed on a purchaser of the product referred to in subsections (1) to (3) by or under an Act of Par‐”
After debate, the question was put on the amendment of Don Davies and it was agreed to.
Clause 234, as amended, carried.
At 4:24 p.m., the sitting was suspended.
At 4:44 p.m., the sitting resumed.
At 4:47 p.m., the sitting was suspended.
At 4:52 p.m., the sitting resumed.
By unanimous consent, the committee reverted to new Clause 233.1 previously stood.
On new Clause 233.1,
Ryan Turnbull moved, — That Bill C-59 be amended by adding after line 30 on page 426 the following new clause:“233.1 Subsection 52(1.3) of the Act is replaced by the following:
Drip pricing
(1.3) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsection (1) by or under an Act of Parliament or the legislature of a province.”
After debate, the question was put on the amendment of Ryan Turnbull and it was agreed to.
Clause 235 carried on division.
On Clause 236,
Gabriel Ste-Marie moved, — That Bill C-59, in Clause 236, be amended(a) by replacing lines 14 and 15 on page 428 with the following:
“benefits for protecting or restoring the environment or mitigating the environmental, social and ecological causes or effects of climate”
(b) by adding after line 18 on page 428 the following:
“(b.2) makes a representation to the public with respect to the benefits of a business or business activity for protecting or restoring the environment or mitigating the environmental and ecological causes or effects of climate change that is not based on adequate and proper substantiation in accordance with internationally recognized methodology, the proof of which lies on the person making the representation and the evidence for which must be made publicly available on request; or”
Debate arose thereon.
Patrick Weiler moved, — That the amendment be amended by deleting the words “and the evidence for which must be made publicly available on request”.
At 5:01 p.m., the sitting was suspended.
At 5:05 p.m., the sitting resumed.
The question was put on the subamendment of Patrick Weiler and it was agreed to.
The question was put on the amendment of Gabriel Ste-Marie, as amended, and it was agreed to on division.
“(b.2) makes a representation to the public in the form of a statement, warranty or guarantee of the contributions made by a particular business to the protection of the environment, including in relation to its emissions targets or its sustainability standards, without providing sufficient evidence to substantiate the representation; or”
Debate arose thereon.
By unanimous consent, the amendment was withdrawn.
“(1.1) Subsection 74.01(1.1) of the Act is replaced by the following:
Drip pricing
(1.1) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed on a purchaser of the product referred to in subsection (1) by or under an Act of Parliament or the legislature of a province.”
After debate, the question was put on the amendment of Ryan Turnbull and it was agreed to on division.
At 5:16 p.m., pursuant to Standing Order 115(5), it was agreed that the committee continue to sit.
At 5:17 p.m., the sitting was suspended.
At 5:18 p.m., the sitting resumed.
(a) by replacing lines 19 and 20 on page 428 with the following:
“(2) Subsection 74.01(3) of the Act is”
(b) by replacing lines 29 and 30 on page 428 with the following:
“tion unless that person, having regard to the nature of the product and the relevant geographic market, establishes that
(a) they have sold a substantial volume of the product at that price or a higher price within a reasonable period of time before or after the making of the representation, as the case may be; or
(b) they have offered the product at that price or a higher price in good faith for a substantial period of time recently before or immediately after the making of the representation, as the case may be.”
(c) by deleting lines 31 and 32 on page 428.
Debate arose thereon.
At 5:29 p.m., the sitting was suspended.
At 6:13 p.m., the sitting resumed.
Ryan Turnbull moved, — That the amendment be amended by deleting subparagraph (c).
The question was put on the subamendment of Ryan Turnbull and it was agreed to
The question was put on the amendment of Don Davies, as amended, and it was agreed to on division.
Clause 236, as amended, carried.
On Clause 237,
Don Davies moved, — That Bill C-59, in Clause 237, be amended by replacing line 37 on page 428 with the following:“sent only an amount imposed on a purchaser of the product referred to in subsections (1) to (3) by or under an Act of Par‐”
After debate, the question was put on the amendment of Don Davies and it was agreed to.
Clause 237, as amended, carried.
By unanimous consent, Clauses 238 to 243 inclusive carried severally.
On Clause 244,
Don Davies moved, — That Bill C-59, in Clause 244, be amended by replacing lines 38 and 39 on page 436 with the following:“son as a customer, or to make the means of diagnosis or repair available to a person, within a specified period and on the terms that the Tribunal considers appropriate if the Tribunal finds that”
After debate, the question was put on the amendment of Don Davies and it was agreed to on division.
(a) by replacing lines 21 and 22 on page 438 with the following:
“means of diagnosis or repair includes diagnostic, maintenance, repair and calibration information, technical updates, diagnostic soft‐”
(b) by adding after line 24 on page 438 the following:
“trade secret does not include any essential diagnostic, maintenance, repair or calibration information. (secret industriel)”
Debate arose thereon.
Ryan Turnbull moved, — That the amendment be amended by deleting subparagraph (b).
The question was put on the subamendment of Ryan Turnbull and it was agreed to on division.
The question was put on the amendment of Gabriel Ste-Marie, as amended, and it was agreed to on division.
Clause 244, as amended, carried.
By unanimous consent, Clauses 245 to 248 inclusive carried severally.
On Clause 249,
Don Davies moved, — That Bill C-59, in Clause 249, be amended by adding after line 14 on page 443 the following:“(1.1) The portion of paragraph 92(1)(e) of the Act before subparagraph (i) is replaced by the following:
(e) in the case of a completed merger, in order to restore competition to the level that would have prevailed but for the merger, order any party to the merger or any other person
(1.2) The portion of paragraph 92(1)(f) of the Act before subparagraph (i) is replaced by the following:
(f) in the case of a proposed merger, in order to preserve the level of competition that would prevail but for the merger, make an order directed against any party to the proposed merger or any other person
(1.3) Clause 92(1)(f)(iii)(A) of the Act is replaced by the following:
(A) prohibiting the person against whom the order is directed, should the merger or part thereof be completed, from doing any act or thing the prohibition of which the Tribunal determines to be necessary to ensure that the merger or part thereof does not prevent or lessen competition, or”
After debate, the question was put on the amendment of Don Davies and it was agreed to on division.
“(2) Subsection 92(2) of the Act is replaced by the following:
(2) For the purpose of this section, if the Tribunal finds, on a balance of probabilities, that a merger or proposed merger results or is likely to result in a significant increase in concentration or market share, the Tribunal shall also find that the merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially, unless the contrary is proved on a balance of probabilities by the parties to the merger or proposed merger.
(3) A merger or proposed merger results or is likely to result in a significant increase in concentration or market share if, in any relevant market, as a result of the merger or proposed merger,
(a) the concentration index increases or is likely to increase by more than 100; and
(b) either
(i) the concentration index is or is likely to be more than 1,800, or
(ii) the market share of the parties to the merger or proposed merger is or is likely to be more than 30%.
(4) In subsection (3), concentration index means, in any relevant market, the sum of the squares of the market shares of the suppliers or customers.”
Debate arose thereon.
Ryan Turnbull moved, — That the amendment be amended by adding after paragraph (4) the following: “(5) The Governor in Council may by regulation prescribe different values than those provided in paragraph 92(3).”.
The question was put on the subamendment of Ryan Turnbull and it was agreed to on division.
The question was put on the amendment of Don Davies, as amended, and it was agreed to on division.
Clause 249, as amended, carried on division.
On Clause 250,
Don Davies moved, — That Bill C-59, in Clause 250, be amended by replacing line 22 on page 443 with the following:“(g.4) the change in concentration or”
After debate, the question was put on the amendment of Don Davies and it was agreed to on division.
Clause 250, as amended, carried on division.
By unanimous consent, Clauses 251 to 365 inclusive carried severally.
Clause 1, Short Title, carried on division.
The Title carried on division.
The Bill, as amended, was adopted on division.
ORDERED, — That the Chair report the Bill, as amended, to the House.
ORDERED, — That Bill C-59, as amended, be reprinted for the use of the House of Commons at report stage.
At 7:42 p.m., the committee adjourned to the call of the Chair.