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Bill 16, An Act to Amend the Income Tax Act

Government Bill

19th Assembly, 2nd Session

Introduced on Oct. 30, 2020

Events

Timeline of key legislative events

  • First Reading
    Completed Oct. 30, 2020 (Debate | Vote)
  • Second Reading
    Completed Nov. 2, 2020 (Debate | Vote)
  • Third Reading
    Completed March 12, 2021 (Debate | Vote)
  • Commissioner's Assent
    Completed March 31, 2021 (Debate)
  • Status

    Bill Text



    Related Votes

    March 12, 2021 Passed Mr. Speaker, I move, seconded by the honourable Member for Nahendeh, that Bill 16, An Act to Amend the Income Tax Act, be read for the third time, and, Mr. Speaker, I request a recorded vote. Thank you, Mr. Speaker.
    Nov. 2, 2020 Passed Madam Speaker, I move, seconded by the honourable Member from Hay River North, that Bill 16, An Act to Amend the Income Tax Act, be read for the second time. The bill reduces the small business tax rate from 4 percent to 2 percent effective January 1, 2020. It also makes retroactive amendments to harmonize the Northwest Territories tax regime with the federal system. Those amendments do two things: ensure that split income received by a senior is factored into the determination of their Territorial Age Credit; and allow more pension credit for veterans. Thank you, Madam Speaker.
    Oct. 30, 2020 Passed Thank you, Mr. Speaker. I move, seconded by the honourable Member for Hay River North, that Bill 16, An Act to Amend the Income Tax Act, be read for the first time. Thank you, Mr. Speaker.

    Discussion & Mentions

    Assent To Bills
    Assent To Bills

    March 31st, 2021

    Page 2646


    See context

    Commissioner Of The Northwest Territories Hon. Margaret Thom

    Now, as Commissioner of the Northwest Territories, I am pleased to assent to the following bills:

    • Bill 3, An Act to Amend the Public Highways Act
    • Bill 12, An Act to Amend the Apprenticeship, Trade and Occupation Certification Act
    • Bill 13, An Act to Amend the Interpretation Act
    • Bill 14, An Act to Amend the Securities Act
    • Bill 16, An Act to Amend the Income Tax Act
    • Bill 20, An Act to Amend the Employment Standards Act
    • Bill 26, Supplementary Appropriation Act (Operations Expenditures), No. 3, 2020-2021
    • Bill 27, Supplementary Appropriation Act (Infrastructure Expenditures), No. 3, 2020-2021
    • Bill 28, Appropriation Act (Operations Expenditures), 2021-2022

    Mahsi cho. Thank you. Quyanainni. Merci beaucoup. Quana.

    Recorded Vote
    Third Reading Of Bills

    March 12th, 2021

    Page 2546


    See context
    The Speaker

    The Speaker Frederick Blake Jr.

    All those abstaining, please rise. The results of the recorded vote: 14 in favour, one opposed, zero abstentions. The motion is carried.

    ---Carried

    Bill 16 has had its third reading. Third reading of bills. Mr. Clerk, orders of the day.

    Recorded Vote
    Third Reading Of Bills

    March 12th, 2021

    Page 2546


    See context

    Deputy Clerk Of The House Mr. Glen Rutland

    The Member for Frame Lake.

    Recorded Vote
    Third Reading Of Bills

    March 12th, 2021

    Page 2546


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    The Speaker

    The Speaker Frederick Blake Jr.

    All those opposed, please rise.

    Recorded Vote
    Third Reading Of Bills

    March 12th, 2021

    Page 2546


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    Deputy Clerk Of The House Mr. Glen Rutland

    The Member for Yellowknife South, the Member for Range Lake, the Member for Yellowknife Centre, the Member for Hay River South, the Member for Tu Nedhe-Wiilideh, the Member for Nahendeh, the Member for Sahtu, the Member for Inuvik Boot Lake, the Member for Hay River North, the Member for Great Slave, the Member for Kam Lake, the Member for Deh Cho, the Member for Yellowknife North, the Member for Inuvik Twin Lakes.

    Bill 16: An Act to Amend the Income Tax Act
    Third Reading Of Bills

    March 12th, 2021

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    The Speaker

    The Speaker Frederick Blake Jr.

    Question has been called. The Minister has requested a recorded vote. All those in favour, please rise.

    Bill 16: An Act to Amend the Income Tax Act
    Third Reading Of Bills

    March 12th, 2021

    Page 2546


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    Some Hon. Members

    Question.

    Bill 16: An Act to Amend the Income Tax Act
    Third Reading Of Bills

    March 12th, 2021

    Page 2546


    See context
    The Speaker

    The Speaker Frederick Blake Jr.

    Thank you, Member for Frame Lake. The motion is in order. To the motion.

    Bill 16: An Act to Amend the Income Tax Act
    Third Reading Of Bills

    March 12th, 2021

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    Kevin O'Reilly

    Kevin O'Reilly Frame Lake

    Merci, Monsieur le President. Most Members will know that I am a man of principle, and I am going to stand on principle today with regard to this bill. Look, I support small business. You heard me earlier today make a Member's statement in support of the tourism sector. I spend a lot of my time in the south supporting small business. I am concerned, though, about the lack of effort on the part of my Cabinet colleagues to actually deal with the revenue side of our financial situation. I just don't really detect that there is much effort in a lot of work that is being done on the revenue side.

    In discussing the bill here on the floor and in committee, I know now, and the public knows, that we are going to lose revenues as a result of this. We are going to lose $1.4 million, but there is no effort being made whatsoever to try to replace that revenue. I made a couple of suggestions to the Minister: increasing the number of tax brackets for personal income tax, or even continuing the rental charges in the current exploration licence for Husky Oil into the significant discovery licence; easy ways to, I think, and certainly the second one, come up with the lost revenues here.

    Perhaps even more importantly, for me, Mr. Speaker, this is an issue of fairness. I asked the Minister very clearly: why are we doing this? The response was so that we could remain competitive. We wanted to be in line with other jurisdictions. I don't detect that that fairness principle or concept is being applied across all of our tax regime. We have cherry-picked one item to make us all look very popular, and I just don't think that that's an appropriate way to go. I don't think it's even good financial management.

    For all of those kinds of reasons, Mr. Speaker, I am going to vote against this bill. If some want to characterize this as me being anti-business, let them go ahead. This is about tax fairness and making sure that we replace the revenue and that we apply that concept of fairness across all of our taxation. The last thing I want to say is that this will not benefit businesses right now because it only takes effect on January 1st of this year. It's not going to help businesses with a big part of what happened with the pandemic. Maybe they'll get some tax savings at the end of this year. That would be helpful for them, but this is not about pandemic relief. Mr. Speaker, for all of those reasons, I will be voting against the bill. Thank you.

    Bill 16: An Act to Amend the Income Tax Act
    Third Reading Of Bills

    March 12th, 2021

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    The Speaker

    The Speaker Frederick Blake Jr.

    Thank you, Minister. The motion is in order. To the motion. Member for Frame Lake.

    Bill 16: An Act to Amend the Income Tax Act
    Third Reading Of Bills

    March 12th, 2021

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    Caroline Wawzonek

    Caroline Wawzonek Yellowknife South

    Mr. Speaker, I move, seconded by the honourable Member for Nahendeh, that Bill 16, An Act to Amend the Income Tax Act, be read for the third time, and, Mr. Speaker, I request a recorded vote. Thank you, Mr. Speaker.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

    Page 1585


    See context
    The Deputy Speaker

    The Deputy Speaker Lesa Semmler

    Question has been called. All those in favour? All those opposed? Abstentions? The motion is carried.

    ---Carried

    Bill 16 has had second reading and is referred to the Standing Committee of the Legislative Assembly for review. Second reading of bills. Item 20, consideration in Committee of the Whole of bills and other matters: Bill 15, Miscellaneous Statute Law Amendment Act, 2020; Committee Report 4-19(2), Standing Committee on Government Operations Report on the Review of the 2018-2019 Northwest Territories Human Rights Commission Annual Report; Committee Report 5-19(2), Standing Committee on Government Operations Report on the Review of the 2018-2019 Annual Report of the Information and Privacy Commissioner of the Northwest Territories; Minister's Statement 77-19(2), National Housing Co-investment Fund; Tabled Document 165-19(2), Government of the Northwest Territories Response to Committee Report 1-19(2), Report on Long-term Post-Pandemic Recovery, Recommendations to the GNWT; Tabled Document 166-19(2), Government of the Northwest Territories Response to Committee Report 2-19(2): Report on the Long-term Post-Pandemic Recovery, Recommendations to the GNWT; Tabled Document 181-19(2), Capital Estimates 2021-2020, with Member for Hay River South in the chair.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

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    Some Hon. Members

    Question.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

    Page 1585


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    The Deputy Speaker

    The Deputy Speaker Lesa Semmler

    To the principle of the bill.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

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    Rylund Johnson

    Rylund Johnson Yellowknife North

    Thank you, Madam Speaker. I just would like to rise in support of this bill. I am sure my colleague, Mr. Simpson, is happy to see that this bill will pass first reading today and we will, ultimately, I believe, lower the small business tax rate. I really think the backbone of our NWT economy in recovery must be our small business. As we enter into a world and compete in a world where capital increasingly gets held in the hands of large businesses, I think we as government have to do everything we can to support our small businesses. Thank you, Madam Speaker.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

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    The Deputy Speaker

    The Deputy Speaker Lesa Semmler

    Thank you, Member. To the principle of the bill. Member for Yellowknife North.

    Bill 16: An Act to Amend the Income Tax Act
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    November 2nd, 2020

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    R.J. Simpson

    R.J. Simpson Hay River North

    Thank you, Madam Speaker. It gives me great pleasure to second this bill. There was a time in this Assembly when the idea of reducing taxes on small business couldn't even be discussed. Not this current Assembly, but the previous one I was in. We heard today that small businesses have been hit hard by the pandemic, disproportionately perhaps. This is a way that we can help support them. Revenues are important. Revenues in the GNWT, of course, are important. However, I've had small businesses say to me that, "If I could have a bit of a tax break, I would be able to hire that apprentice." We need to think beyond just the GNWT and what our needs are. We need to think about the people and the businesses of the territory. I look forward to the debates on this going forward. Again, I'm happy to be part of this, and I think it's a great move for the territory. Thank you, Madam Speaker.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

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    See context
    The Deputy Speaker

    The Deputy Speaker Lesa Semmler

    To the principle of the bill. Member for Hay River North.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

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    Kevin O'Reilly

    Kevin O'Reilly Frame Lake

    Merci, Madame la Presidente. I wish to speak to this bill. The main purpose, as I can see, is to reduce the small business tax rate from 4 percent to 2 percent, and I'm sure the Minister of Finance will explain at some point that this is to bring our small business tax rates in line with some of the other jurisdictions in Canada. I am not opposed in principle to reducing taxes, but I think we need to look at the issue of tax fairness. This will result in our government losing some revenue, and I'd like to know how much. I think the public deserves to know that, as well.

    I am mindful that the Minister of Finance gave a fiscal update about a week-and-a-half ago that, really, we're not in good shape, Madam Speaker, in terms of our finances, and this bill is not going to help that in any way. I would have much preferred an approach that would have been revenue-neutral so, if we're going to reduce taxes, then we have to find a way to replace that lost revenue.

    I am on record supporting tax fairness rather than tax reductions, and I have suggested in the past many times that we need to look at ways to increase our revenues, and I think one of the ways that we need to look at increasing our revenues is by adding another tax bracket onto our personal income tax rates. We only have four; we're one of the few jurisdictions left in Canada that only has four income tax brackets. Alberta went to five in 2016. British Columbia went to five in 2014. New Brunswick went to six in 2015. Newfoundland and Labrador went to five in 2015. Nova Scotia went to five in 2010. Ontario went to five in 2014. Yukon went to five in 2015. Even the federal government went to five in 2016.

    I'm all about tax fairness, Madam Speaker, and I think we need to find a way to replace this revenue. There is an opportunity to do so by looking at increasing our personal income tax brackets by adding one. I think it's only fair that we all find ways to contribute, especially during the pandemic. One way to do that is to add another high-income tax bracket to replace the lost revenue from this reduction in small business tax. Mahsi, Madam Speaker.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

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    The Deputy Speaker

    The Deputy Speaker Lesa Semmler

    The motion is in order. To the principle of the bill. Member for Frame Lake.

    Bill 16: An Act to Amend the Income Tax Act
    Second Reading Of Bills

    November 2nd, 2020

    Page 1584


    See context
    Caroline Wawzonek

    Caroline Wawzonek Yellowknife South

    Madam Speaker, I move, seconded by the honourable Member from Hay River North, that Bill 16, An Act to Amend the Income Tax Act, be read for the second time. The bill reduces the small business tax rate from 4 percent to 2 percent effective January 1, 2020. It also makes retroactive amendments to harmonize the Northwest Territories tax regime with the federal system. Those amendments do two things: ensure that split income received by a senior is factored into the determination of their Territorial Age Credit; and allow more pension credit for veterans. Thank you, Madam Speaker.

    Bill 16: An Act to Amend the Income Tax Act
    First Reading Of Bills

    October 30th, 2020

    Page 1541


    See context
    The Speaker

    The Speaker Frederick Blake Jr.

    Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried.

    ---Carried

    Bill 16 has had its first reading. First reading of bills. Item 19, second reading of bills. Minister of Justice.

    Bill 16: An Act to Amend the Income Tax Act
    First Reading Of Bills

    October 30th, 2020

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    Some Hon. Members

    Question.

    Bill 16: An Act to Amend the Income Tax Act
    First Reading Of Bills

    October 30th, 2020

    Page 1541


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    The Speaker

    The Speaker Frederick Blake Jr.

    Thank you, Minister. Motion is in order. To the motion.

    Bill 16: An Act to Amend the Income Tax Act
    First Reading Of Bills

    October 30th, 2020

    Page 1541


    See context
    Caroline Wawzonek

    Caroline Wawzonek Yellowknife South

    Thank you, Mr. Speaker. I move, seconded by the honourable Member for Hay River North, that Bill 16, An Act to Amend the Income Tax Act, be read for the first time. Thank you, Mr. Speaker.