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Pursuant to the House of Commons order of reference adopted on December 2, 2021, the committee is meeting on Bill , an act to provide further support in response to COVID-19.
Today's meeting is taking place in a hybrid format, pursuant to the House order of November 25, 2021. Members are attending in person in the room and remotely using the Zoom application. The proceedings will be made available via the House of Commons website, and the webcast will always show the person speaking rather than the entirety of the committee.
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To ensure an orderly meeting, I'd like to outline a few rules to follow. I know this is our second meeting. I'll go over these rules. I think at subsequent meetings we won't have to do this because everybody will know what the rules are.
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I remind everyone that all comments by members and witnesses should be addressed through the chair.
With regard to a speaking list, the committee clerk and I will do the best that we can to maintain a consolidated order of speaking for all members whether they are participating virtually or in person.
I would now like to welcome our witnesses.
From the Department of Finance, we have with us Trevor McGowan, director general, tax legislation division; Lindsay Gwyer, director general, legislation, tax legislation division; Maximilian Baylor, senior director, saving and investment section, business income tax division; and Yves Poirier, director, economic development, business income tax division.
From ESDC we have Elisha Ram, associate assistant deputy minister, skills and employment branch, Employment and Social Development Canada; Catherine Demers, director general, employment insurance policy, skills and employment branch, Employment and Social Development Canada; Benoit Cadieux, director, special benefits, employment insurance policy, skills and employment branch, Employment and Social Development Canada; and George Rae, director, policy analysis and initiative, employment insurance policy, skills and employment branch, Employment and Social Development Canada.
Doug Wolfe is in, but his sound is bad, so we may have some challenges there.
Also with us is Sebastien St‑Arnaud, manager, labour program - policy dispute resolution and international affairs directorate.
For opening statements from the Department of Finance and ESDC, we will hear from Maximilian Baylor and Catherine Demers for five minutes each.
The floor is yours, Mr. Baylor.
[Translation]
I will speak in English, knowing that interpretation services are being provided.
[English]
My name is Max Baylor. I represent the business income tax division at the Department of Finance. I'll provide a brief overview of part 1 of the bill.
Part 1 proposes amendments to the Income Tax Act and related amendments to the income tax regulations. The proposals reflect the government's October 21 announcement of its intention to move away from the broad-based COVID-19 business support programs to a more targeted approach. Three new targeted wage and rent subsidy programs are being proposed to replace the previous broad-based programs.
The first program, the tourism and hospitality recovery program, would provide select tourism and hospitality organizations, such as hotels, tour operators, travel agencies and restaurants, with a subsidy of up to 75%. Eligible organizations would be required to meet two conditions to qualify for the program. The first condition would be an average monthly revenue reduction of at least 40% over the first 13 qualifying periods, or the first 12 months, of the Canada emergency wage subsidy. The second condition would be a current-month revenue loss of at least 40%.
In terms of the subsidy rate, it's proportional to the current-month revenue loss. A 40% current-month revenue loss provides a 40% subsidy rate. It increases one for one, but up to a maximum of 75%. Therefore, a current-month revenue loss of 75% or above provides a 75% subsidy rate.
It should be noted that at the time of the October 21 announcement, the government had indicated that the definition of qualifying businesses for the tourism and hospitality recovery program would be forthcoming and would be released at a later date. The bill, this legislation, now includes the definition of the types of businesses eligible for the program.
The second program, the hardest-hit business recovery program, would provide other organizations that have faced deep losses with a subsidy rate of up to 50%. Eligible organizations would be required to meet two conditions to qualify for this program. The first condition is an average monthly revenue reduction of at least 50% over the first 13 qualifying periods, or the first 12 months, of the Canada emergency wage subsidy. The second condition is a current-month revenue loss of at least 50%.
In terms of the subsidy rate, again, it is proportional to the current-month revenue loss but not one for one. For a 50% current-month revenue loss, the subsidy rate is 10%. It increases, linearly, up to a current-month revenue loss of 75%, which corresponds to a 50% subsidy rate.
The third program, the local lockdown program, would provide the same level of support as under the tourism and hospitality recovery program to organizations that face new local lockdowns. In terms of eligibility, this program would be available to eligible organizations that are subject to a local health order and that are experiencing a current-month revenue loss of at least 40%. This is regardless of losses that occurred over the course of the pandemic.
These three programs would be available from October 24, 2021, until May 2022, with the proposed subsidy rates available until March 12, 2022. From March 13 to May 7, 2022, the subsidy rates would decrease by half. The government would also have the authority to extend these measures by regulation until July 2, 2022.
Also, as part of the proposal, the existing lockdown support would continue to be available under these three programs at the current fixed rate of 25%. It's also proposed to increase the aggregate monthly cap on eligible rent expenses from $300,000 to $1 million starting on October 24 of this year for all eligible employers and organizations receiving rent support under the new programs.
Finally, the proposed amendments would enhance and extend the Canada recovery hiring program for all eligible employers with current revenue losses above 10%. The subsidy rate would be increased to 50%, and the program would be extended until May 7, 2022, with the authority to extend by regulation until July 2, 2022.
That concludes the summary of part 1.
Just to recap, the proposed legislation would provide $300 a week in income support to eligible workers, available for the duration of the lockdown order up until May 7, 2022.
For the purpose of the benefits, the proposed legislation would define the lockdown order as a lockdown imposed by a competent authority that, for reasons related to COVID-19, would require the closure to the public of non-essential businesses and services for at least 14 consecutive days in a region, or would require that persons stay at home for reasons related to COVID-19 and that this obligation be enforced for 14 consecutive days in a region unless they have to go out for essential reasons.
Eligibility rules for the lockdown benefit are similar to those that were in place for the Canada recovery benefit, so that means having a valid SIN. Also, they need to be 15 years old or older and be a resident and present in Canada. They need to attest that they had at least $5,000 in earnings in 2020 or in the preceding 12 months, if applying in 2021, or have earned this amount in 2020-21 or the preceding 12 months, if applying in 2022.
It also includes attesting that they have lost their employment or self-employment or have experienced a reduction of at least 50% of their average weekly income due to the lockdown order and that they have not quit their employment and would be returning to work when reasonable to do so. They would also attest that their loss of employment or income or a decision not to return to work is not due to refusal to comply with the vaccine mandate and that they filed an income tax return in respect to the applicable tax year. Also, they must not be isolating or in quarantine due to international travel. As well, it provides for the benefit to be available for both workers who are ineligible for EI and who are eligible, as long as they are not paid EI for the same week in which they would be receiving this benefit. Similarly, to receive the benefit, workers would need to attest that they are not receiving the Canada recovery sickness benefit, the Canada recovery caregiving benefit or the the Quebec parental insurance plan benefit for the same week.
For triggering the benefit, the proposed legislation would enable the Governor in Council, on the recommendation of the , to designate by order a “lockdown region” that meets the definition in the legislation for eligibility purposes. It would also provide the authority for the Governor in Council to amend, by regulation, the definition of a “lockdown order”; to amend the number of consecutive days a lockdown needs to be in place for designating a region; to prescribe other sources of income for purposes of eligibility for the benefit; and to extend the availability of the benefit, if needed, until a date no later than July 2, 2022.
The benefit would be delivered by the Canada Revenue Agency, using the same platform as for the recovery benefit. The act would come into force upon royal assent and access to the benefit would be retroactive until October 24, 2021, which means that it can go back to the date when a lockdown order became effective if it was after October 24.
Very quickly, part 3 of the act proposes amendments to the Canada Recovery Benefits Act that would extend the Canada recovery caregiving benefit and the Canada recovery sickness benefit from November 20, 2021, to May 7, 2022, to ensure that workers who need to self-isolate due to COVID-19 or stay at home to care for a child or family member due to COVID can continue to access income support.
It would also add two extra weeks to each benefit, for a maximum of six weeks for the sickness benefit and 44 weeks for the caregiving benefit. The proposed legislation would provide authority for the Governor in Council to change the end date to access the benefit to July 2 if needed. As well, access would be retroactive to November 20, 2021, upon the coming into force of the legislative amendments, so there would be 60 days to make an application from the date of this coming into force.
Thank you, Mr. Chair. That's my overview.
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Thank you so much, Mr. Chair.
I want to start off by thanking all of our officials for coming before us today.
I especially want to thank you for all your extraordinary work over the last almost two years. We know that finance officials have been working night and day, so thank you so much for your service to our nation.
Mr. Baylor, maybe I'll direct my first question to you.
As we've moved through COVID and the different phases of COVID, we've moved from broad-based supports to more targeted supports. We moved from spending overall around $289 billion on direct income and business supports down to the current proposal, which is $7.2 billion.
Perhaps, Mr. Baylor, you can explain to us why it is that you landed on the current set of supports. If I look at our supports, they're in three key categories. One is business supports that are very targeted towards tourism, other hard-hit industries and local lockdowns. We also have some supports for the Canadian worker in terms of lockdown supports, and then we have some adjustments to the recovery benefit. Could you address why it is that we landed on the current set of supports?
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I can speak to part 1 of the bill. Perhaps my colleagues can speak to part 2 and part 3.
As you indicated, the mandate was to move from the broad-based support that was required at the height of the pandemic during lockdowns to more targeted support as we transition to the new phase of the pandemic. The focus was to target those industries that have suffered during the pandemic and are still suffering, in large part because of some of the continued health restrictions that we're seeing.
The main rationale behind the tourism and hospitality recovery program is to target those industries that are still feeling the impact most. Then it's to provide a broader net, because there is recognition that, while that industry is clearly the one that has been affected most by the health restrictions of the pandemic, there are others. That's what the hardest-hit business recovery program is for. Then the third program, the local lockdown, is really something that kicks in if and when new local lockdowns are, at some point, needed.
I hope that answers the question for part 1.
I, too, would like to thank all the public servants for being here today and for the work they do.
I will begin with a reminder. Earlier, the interpreters reminded us that when witnesses read out a speech, it is easier to interpret if the text has been provided to them beforehand. Thank you.
My first question is for Mr. Baylor.
Mr. Baylor, I would like to understand the calculation used in Bill to determine eligibility for the wage subsidy. I will use the hardest-hit business recovery program as an example.
As I understand it, for each qualifying period, the business must have had a revenue decline of at least 50%. If a business has a 60% revenue decline one month, a 40% decline the following month and a 60% decline the month after that, then it would be eligible for the subsidy for the first and third months, but not for the second month.
Is that how it works, or is there a way to calculate average losses over several periods?
My next questions are also for Mr. McGowan.
Mr. McGowan, can you confirm for committee members that if Bill were to pass in its current form, would the have the authority, by regulation, to add other sectors to the tourism and hospitality recovery program?
For example, if any sector was facing significant challenges and needed a more generous assistance program, can you confirm that the minister would have the authority, by regulation, to include it in the tourism and hospitality recovery program?
One of the purported goals of Bill is to support the tourism and hospitality industry. If you take independent travel agents as a case study, about half of the folks who are represented by the Association of Independent Travel Advisors have been very clear that they were being paid under the Canada recovery benefit program as opposed to any of the wage subsidy programs.
There's a reason for that. It's because they work for themselves. It's an industry that's about 85% women. A lot of them work out of their basements. Many of them continued to work in the early days of the pandemic helping their clients secure their rebates or travel vouchers. Many of them are working now to help as folks start to contemplate vacations and, in the interim, create bookings. Of course, they won't be paid until people actually take the trip.
This bill really doesn't provide any ongoing support for them. We know they are getting close to a time when they can support themselves financially, but this bill is an admission that this is a sector that has not yet recovered, and yet there's no help for those folks.
I'm wondering. What was the decision? What was the discussion around choosing to proceed in a fashion that would exclude such a high percentage of people in an industry that the government itself has said it wants to continue to support?
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Thank you for the question.
I can provide some information on the general policy background and how the rules in part 1 of the bill relating to the COVID subsidies work. Then if my colleague Max would like to jump in on the more policy-analysis side, he could do so.
I think there are really two points to be kept in mind with respect to the question of independent tour operators.
The first, of course, is that the wage and rent subsidies provided under these COVID rules in section 125.7 of the act do not specifically exclude independent contractors. In fact, if you have a sole proprietor who has employees or pays rent, they could avail themselves of the various subsides in part 1 of the bill.
However, of course, that's not a complete answer, because, as was noted, a lot of independent tour agents operate as independent contractors, and the wage subsidy in part 1 of the bill subsidizes wages. Those are wages paid from an employer to an employee, so if no wages are paid, or if there are no employees, then there would be no qualifying expenses for the wage subsidy.
Similar considerations hold true for the rent subsidy. If you had an agent who was paying rent, perhaps because they were renting out a commercial space, then they could avail themselves of the rent subsidy, but we do understand that won't always be the case.
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What we're trying to understand here is why a policy decision was taken to uniquely deploy the wage subsidy policy tool as a way to provide ongoing support to the industry, when it leaves about half the industry behind.
Until very recently, the government had another policy tool that captured those folks. That was the Canada recovery benefit. The Canada worker lockdown benefit was seen as the way to try to replace that. I think it does a shoddy job. That's a debate I'm looking forward to having, but not right now.
The question is this: If it was a principal policy objective of the government to continue to support people in the tourism and hospitality industry, why was there not a stream in the Canada worker lockdown benefit, for instance, that would provide for the very people I'm talking about right now—people who work independently, for themselves—who comprise a large percentage of the industry?
Why was a decision made not to create a stream under the Canada worker lockdown benefit that would continue to provide ongoing financial support to them, regardless of whether there was a public health lockdown in effect in their jurisdiction, as described in the act?
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Thanks very much, Mr. Chair.
I want to take this opportunity to thank all of the witnesses, all our officials, for their hard work on this legislation and other legislation that has been so important in supporting so many Canadians, millions of Canadians, through a global crisis. Thank you for your work.
I also want to follow up on the exchange with my colleague Mr. McLean. Just to provide further clarity, I was reading the bill after hearing Mr. Poilievre's question earlier on. Proposed section 29 states the following:
All money required to do anything in relation to this Act, including all money required by the Minister to administer and enforce this Act or by the Agency, as defined in section 2 of the Canada Revenue Agency Act, to administer and enforce this Act on behalf of the Minister, may, until March 31, 2026, be paid out of the Consolidated Revenue Fund.
That's proposed section 29. I just wanted to point colleagues to that in case there are questions. I think that answers the question that was being asked earlier.
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Thank you for the question.
The proposed lockdown benefit would really provide income support for those who are impacted, who are losing their jobs or losing their incomes as a result of public health restrictions in their region. It is for both those who would be, as I mentioned before, EI-eligible and those who would be non-EI-eligible. It really is meant to cover all workers and to be quickly available to those workers in need due to public health restrictions for public health reasons. It would be available for the duration of the lockdown.
Similarly, the amendments for the recovery sickness benefit and caregiving benefit are there to provide that continued income support for those who don't have a choice, who have to stay home, who are sick or who have to care for a family member due to COVID. They are really there to ensure that, with the uncertainty of the pandemic and for public health reasons, there are still income supports that could be available for the broad range of workers in need.
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Thank you for the question.
As I expressed earlier, it was essentially—and maybe my colleague Yves Poirier can add more after my answer—a balance of figuring out who is in need and then providing an amount sufficient for that need.
As you saw, once you hit the threshold at which you're determined to be in need, there's a relationship between the current-month revenue loss and the amount of the subsidy. For example, in the tourism and hospitality recovery program, if you have a 30% to 40% current-month revenue decline, that corresponds to a 40% subsidy rate, and that increases up to a 75% current-month revenue loss. The idea there is to be able to provide that support, depending on your situation in the month you're getting the support.
I don't know if Yves has something to—
Actually, it is two and a half minutes. I say that for the sake of transparency and to respect what was voted.
Mr. McGowan, I didn't find the final answer to my last question to be very clear, so I would like confirmation that, directly or indirectly, the can modify the percentages established in Bill with respect to lost revenue and subsidies paid out.
As you said, directly or indirectly, she would have the authority, by regulation, to include struggling sectors? Did I understand correctly?
Much like Mr. Chambers, I worked at the Department of Finance for several years. I'd like to acknowledge my former colleagues and recognize the efforts they have put in during the pandemic to ensure that Canadians received excellent service. I commend them for their work.
My first question is related to the programs, specifically to Part 1, which deals with the wage subsidy and the rent subsidy. As we know, these programs have been critical to Canada's economic recovery. We also know that we need to continue offering these programs in certain targeted sectors.
In general, what impacts were reported during consultations with the businesses or sectors hardest hit by the pandemic? What are the current needs? How will these programs help address them?
I want to thank all of the witnesses for being here today. Any of the witnesses can answer my questions. Whoever feels they are best suited to answer them, that's fine by me.
One of the things we discovered here today, very early on.... Obviously, $7 billion is a lot of money, and we saw the lack of safeguards put in initially with this program. Today we're unable to determine where any of that money is coming from. We do know that billions and billions of dollars in revenue in this country pour in from the energy sector. We also know that this government is trying to kill that sector. There's likely a good case that money from oil and gas and other revenue is probably enabling some of this spending, despite the constant cry of a climate crisis.
As for where my first question lies, the Canada Revenue Agency, during a hearing of this finance committee in July 2020, advised that both the CERB and the CEBA were being targeted, could potentially be targeted, by criminal organizations. Today I'd like to know, from whichever witness feels best to answer the question, what directives were given to department officials by government for the drafting of this new bill based on and taking into account what was foretold in July 2020 at the Standing Committee on Finance.
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I can provide some quick comments on part 1 of the bill, before turning it over to my colleague for comments on part 2.
The Department of Finance has, since the inception of the wage and, later, rent subsidy rules, worked with the Canada Revenue Agency to help prevent fraud and ensure compliance. To that effect, it has taken a number of measures, including significant penalties for misrepresenting or artificially inflating entitlement amounts, requirements for attestation and requirements that payroll numbers or business numbers had to have been obtained before the crisis to prevent fake companies from being set up.
We work with the Canada Revenue Agency. In talking with them, they would be best situated to describe their specific programs, but I know that they provide the initial triage of applications based upon a risk assessment. The government provided the authority for the Canada Revenue Agency to not pay the amounts under the wage, and later, rent subsidies if the minister is concerned about fraud or integrity matters. That goes back to the first bill introducing the wage subsidy, I think in subsection 164(1.6) of the act.
Those are built into the platform for part 1, and the new measures here would continue to rely upon that.
I'll turn it over for part 2.
My colleague Sophie Chatel mentioned the cultural sector, which is included in the tourism and hospitality recovery program. Mr. Poirier confirmed this, and we are very happy with that inclusion.
We, in the Bloc Québécois, are very concerned about self‑employed workers in the cultural sector. In fact, a few years ago, the model for independent and freelance workers in the cultural sector in Quebec took the form of self‑employed workers. What is understood from Bill is that self‑employed workers in the cultural sector currently find themselves without a support program, as there is no longer the Canada emergency response benefit, or CERB, or the Canada recovery benefit, or CRB.
Could Mr. Poirier or Mr. Baylor confirm this for me?
Thank you.
One category of business that I've heard from, which I will just take as an example, is New Flyer Industries in my riding, which is a bus manufacturer. They have struggled in the pandemic. Obviously ordering new buses wasn't top of mind for cash-strapped municipalities.
They are optimistic about their future, but the way the ongoing support is structured for the hardest-hit business programs doesn't take into account the way a business like theirs receives their revenues. They may have very little revenue for months at a time, and then they deliver an order and get paid in one month for maybe several buses. They have a revenue spike, and then the following month they are back to working on some of what's left of their remaining pre-pandemic orders, and they may not be paid again for some time.
I'm just wondering if the department contemplated businesses that operate on this kind of model and what recommendations they have for them.
Is there anything in Bill that would provide assistance to these businesses, or are they out of luck because of the nature of their revenue cycle?
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The calculations of revenue in Bill are based on the existing rules for the wage and rent subsidies that are found in the act and that have been relied upon by businesses since the inception of those programs.
I can say that there has been some thought given to providing additional flexibility—and this was evident from the start of the program—for businesses in terms of determining their revenue calculations. For example, there is an option to elect a cash-basis revenue calculation, which would be, I suppose, the opposite of what would be hoped for here, whereby you look to cash revenues to determine what revenues fall in what months, but the basic rule is to rely upon revenues for accounting purposes, which is more typically done on an accrual basis.
The revenue rules that are in Bill are based on the existing ones.
I would mention that, for some of the programs that look to year-over-year or prior-year revenues, those are based on revenues over a 12-month period, which would hopefully smooth out some of those timing issues. In addition, as we discussed earlier, there is the deeming rule that could apply, which would allow for an entity to pick the higher revenue decline for the current period or the prior period.
I just want to address two key things that I think keep coming up. The first is that we started the session with $7 billion and where it's coming from. I was really pleased when it was pointed out by my colleagues that it has come from the consolidated revenue fund. I think Mr. McGowan also pointed that out.
Just for those who might be listening, I hate it when we're asking questions and it seems as though officials are taking time to respond. I think it's important to just point out that we have officials who are here to address specific elements of Bill , and I want anyone who might be listening to know that there will be an opportunity to answer the questions around the $7 billion in a couple of days or in upcoming testimony from other witnesses.
I also want to address the issue of fraudulent activity or criminal activity taking advantage of some of our emergency programs. We do know that CERB has implemented both front-end safeguards and back-end verification measures to make sure not only that we are getting these emergency payments out quickly throughout this whole pandemic but also that we are ensuring that cases of fraud or deliberate misrepresentation are identified. I'd even say and just remind everyone that in our fall economic statement in 2020 we did actually provide additional resources and measures that would allow CRA to continue to improve their investigations and their verification measures.
I'll also indicate that in August 2020 the Government of Canada issued a statement indicating that the CRA and other departments had been targets of cyber-attacks. All of these investigations were directed to the RCMP, which has been helpful in investigating some of the suspected activity as well as any suspected frauds relating to the emergency relief benefit.
I just don't want to leave the impression with anyone who might be listening or anyone in this room that there has not been aggressive activity on the part of the CRA to make sure that the emergency supports continue to get to where they are supposed to go or that, if there is any suspicious or fraudulent activity, it is not being acted upon.
In the remaining time I have, which is about a minute and a half, whether it's on section one or section two, whether it's Ms. Demers or Mr. Baylor, I wonder if you can explain to what extent the programs, particularly the ones that we are proposing, have pivoted to respond to the public health situation. If each of you could respond on that for 30 seconds, I'd be grateful.