This is page numbers 1409 - 1492 of the Hansard for the 12th Assembly, 3rd Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was tax.

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Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1455

Brian Lewis Yellowknife Centre

Thank you, Mr. Chairman. I served on the Standing Committee on Finance for four years, so I did my penance. For the last year and a half I have not been as close to the work of the Standing Committee on Finance as I was previously. There comes a time when major issues come up that make a Member feel they should get a little bit closer to where things are going on because I found that in all the discussions surrounding the proposed payroll tax, I was getting mixed messages from various members of the committee. It was very unclear to me as to what the issues were that had to be resolved. I remember when we first discussed this act I described it as an elephant trap that was designed to catch something much bigger than a mosquito. It is a very complex proposal that has been made by the Minister of Finance. When I heard that there was uncertainty about this particular bill, I decided to sit in with the Standing Committee on Finance on several occasions over the last several days to see what was the nature of their deliberations so I could have a clear understanding of what the outstanding issues were. I feel badly that, on what may be the very last day of this session, we are now faced with dealing with a very complex bill, 53 pages long, I believe, and more than 70 clauses, many of them of a very complex nature. I have had letters of all kinds from the public, as have many other Members, asking us to vote against this bill. It is very difficult to pass any kind of tax measure in our kind of Assembly because we do not have a party system and we do not have the kind of discipline which says this is our mandate, this is what we are committed to deliver, this is the amount of money we need and therefore we have to raise the amount of taxes by this amount. We are all individuals and we have to look at the nature of the problem and make our decisions accordingly. Having spent these few days with the Standing Committee on Finance, it was very clear that this was a different kind of a bill than we have ever had to deal with before.

I have always been interested, Mr. Chairman, in innovative, new ways of doing things. Is there something different that we could do? I found the bill attractive at the very beginning because what it tried to do was to find a way of getting those people that do not live here but who make their living here, who make money here from our resources and then fly off. They are non-unionized people, by the way, nearly every one of them. They fly off back to some place they have in the south and they do not contribute anything to our economy other than the fact that they labour. They spend their money somewhere else. They do not even spend it here. I was intrigued by this proposal and thought that if we can pull it off in a reasonable fashion I am going to support it because it makes sense that we should try to do that. However, we found that because of the way our country is constituted that if you are going to nail those people from the south you have to nail everybody. This tax provides a one per cent tax on everybody in the Northwest Territories.

However, what the public does not know is that accompanying this is another piece of legislation which gives the money back. The people in the south do not get anything back but the people in the Northwest Territories get money back. In fact, many of them get more money back than what they would have had taken away from them under the payroll tax, and these are the poorer people, not the rich people but the poorer people. The richer people are hit the hardest. I would have thought that the Federation of Labour would have realized that the rich people are going to be hit by this tax and the poor people are going to benefit from it. For that reason I shall be supporting the bill when it comes into this House later on today.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Lewis. Any further general comments from the committee? Mr. Koe.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Fred Koe Inuvik

Thank you. I, too, am not a member of the Standing Committee on Finance but took the liberty of attending most of their sessions when this bill was on their agenda and so had the benefit of listening to the explanations from the experts and the deliberations from the Standing Committee on Finance members when they were discussing the issue. When this bill was first introduced I had a lot of reservations about its technical aspects and administrative aspects, and today I still have some, though not as many, because in the first S.C.O.F. report they ask for certain modifications and raise certain issues and some of the adjustments were made. However, I fully support many of the statements that are made in today's Standing Committee on Finance report. I really feel that much more consultation could have been done and still can be done. I saw the mailing lists for people in the second round of consultations and basically the mailing lists went out to the same people that responded during the first go-round, so a lot of people out in the

communities and regions that did not initially respond did not get a chance to respond here.

I have a real concern that the general public is not aware of many of the details that Members of S.C.O.F. are. If I, as an ordinary Member, did not attend S.C.O.F. I too would not be as well aware as I made myself be because I attended. So I am sure other Members that are not on S.C.O.F. would have a lot of concerns and a would not understand or would have difficulty explaining to other people a lot of the technical aspects. Some I cannot explain myself, and I am no professional on this act. From all indications from most people in my constituency who I am sure we are all aware do not like taxes, and personally I do not like paying taxes but it is a fact of life, I am being basically directed to oppose this bill. Being a professional, I understand where the Minister and the government are coming from and the need to look at new ways of raising taxes.

I am supportive of the principle of the bill to tax the fly-in, fly-out labour force people who are working and do not contribute to the Northwest Territories' economy. They come in, work, make their wages and they leave. I am supportive of trying to tax them but I am not supportive, again as I mentioned in one of my statements, casting the net. This is making the net to big, so far and so wide that you haul in everything that is in its way. In this case, it is all people in the north who are earning money in some form or another from payroll. There are some areas we are missing. We are missing self-employed people, professional people and, in a sense, the business corporate earnings.

This to me, if I understand the proposal right, could be seen as a duplicate tax on an individual because we are taxing the one per cent tax is going to be imposed on the earnings, remuneration I think is the word used, of an individual. However, the amount the individual pays cannot be deducted when you file your federal tax annually on your territorial tax form. It is not a deduction on that tax, so it is still considered as remuneration earned and you pay tax on the amount too. I know it is not much, but for high wage earners it is a double tax in my understanding.

I have to vote when it comes to the actual bill with what the directions from my constitutions. I have to at this stage oppose the bill, but I would still like to see the bill in some form come back. What I would really like to see it deferred and dealt with more appropriately with more time for consultation, more work done on the bill, in November. That is what I would like to see rather than trying to ram it through in the next 12 hours of today or possibly tomorrow. When the actual bill comes to the floor I will be opposing it. Thank you.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Koe. Are there any other general comments on Bill 26 and 27. Bill 27 is the Payroll Tax Act. Bill 26 is An Act to Amend the Income Tax Act. We are discussing Committee Report 20-12(3). Mr. Patterson.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

April 2nd, 1993

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Dennis Patterson Iqaluit

Thank you, Mr. Chairman. I would like to perhaps put this in a bit of an historical perspective, if I may. I had the privilege of being a Member of the 9th Executive Council, along with Mr. Nerysoo. He will recall that the first Minister of Finance for the Northwest Territories, the Hon. Tom Butters, attempted to develop a payroll tax at that time. Mr. Chairman, it did not surface in the Legislature because it did not get past the Cabinet discussion stage. At that time we were advised that the form of the bill proposed by Mr. Butters could not work in the Northwest Territories. I do not know all the technical reasons, but there were problems with the Government of Canada who stated flatly that they were unwilling to administer the tax credit as the scheme was structured in that proposal. In retrospect I do think it is unfortunate that the bill was not able to proceed at that time because we missed out on receiving, as a government, a piece of the Beaufort Sea and Norman Wells pipeline action, which undoubtedly could have amounted to sizable revenues for the Government of the Northwest Territories and might have even ameliorated the financial situation that this government now faces.

I want to note for the record that it is not a new idea. Although our committee was, I think, quite properly critical of the current Minister of Finance about the flaws in the public consultation process, I think credit should be given to Mr. Pollard and his staff for having devised a scheme which is acceptable to the Government of Canada. We depend on the federal government to administer the tax rebate because they collect the tax and administer the tax, and will provide rebates to territorial residents for us. I think that is a noteworthy achievement because previous governments were unable to do so.

Mr. Chairman, I want to make a few comments. One is that I think there was some reluctance on the part of the Minister to consult widely on this matter because everyone knows that the public does not like any form of taxation. Certainly, my constituents have made that clear to me and obviously other Members have received the message.

However, I would note that the consultations which did take place, as limited as they were because of the rush, did produce some very valuable suggestions and did result in significant improvements to the bill. I am happy that a suggestion of one of my constituents, Mr. Kenn Harper who I know strongly opposes the bill, nonetheless did result in a legislative change which eliminated a flaw that he pointed out. I also think that the standing committee and its consultant did make recommendations to which the government responded which have improved the bill significantly and removed some of the irritants. I think, particularly, it is noteworthy that small businesses, although they face an administrative burden, are going to only have to file once a year. I think this will make it a little easier on small businesses. There are a number of technical changes that have eliminated some obvious early flaws.

Mr. Chairman, on the matter of consultation, I would like to say it is not too late, in my view, for the Minister to explain the bill to the public properly, even if it is passed. I think, Mr. Chairman, that one of the reasons why there is opposition, perhaps even from some Members, may be that this is a highly technical bill, it is hard to read even for lawyers and financial experts, so it is overwhelming when you get a copy of the bill. I think there are some simple facts which have to be explained to the public, and Mr. Lewis did so. However, I would like to particularly note that if you earn under $55,000 and you are a territorial resident, you are going to be a net gainer under this legislation. In fact, it is, I think, what we call a progressive tax because the lower your income is the more you will get back.

So, Mr. Chairman, it is really proper to characterize this is a burden only to those people who are in the high income bracket. As difficult as it might be, I do believe we all have to make a contribution when we are earning good incomes, to the deficit situation. I know Members of this Assembly have talked eloquently for the last number of weeks about all the pressing demands that their constituents have. I think we are very good at asking for projects and programs. We all have many priorities for our constituencies.

However, we have to acknowledge there are two realities we have to recognize in the Northwest Territories. The first one is that we are in a more much perilous financial situation than we have ever been in before, and secondly, as we see provinces increasing tax revenues with budgets that have just been brought down, our revenues will decrease under the financing formula unless we also make a tax effort. It is very hard to make a tax effort in the Northwest Territories because we have precious little room to tax our constituents. I think the business sector has been suffering with the recession and across the board income tax will hit all sectors of our constituents. So, I think that because of this difficult situation, the government has come up with a scheme, which in principle, appeals to me. Firstly because it is progressive and eases the burden on the low income people who will actually be net winners if they are lower/middle income earners. Secondly, for the first time in our history, we are actually able to tax some of that leaked money that has been, up until now, earned by residents of southern Canada who pay tax in the provinces. I think we have looked for years for a way to deal with that.

Some would say the business incentive policy is the way to deal with that problem and I agree that great strides have been made with the business incentive policy. It was local preference with northern preference. The reality is, if we have an Izok Lake project going ahead, if we have major highway construction and, sad to say, if the diamond play continues along the lines it has followed -- I understand that Yellowknife diamond drillers have not benefited from the rush very much, except airline and supply companies -- if we have these major mega projects, business incentive policy or no business incentive policy, money is going to flow out of our economy again to the south. I do think that most territorial residents would agree that it is the right thing to try to capture some of this revenue, which this tax will do.

Let us not pretend that the southern taxpayers are the main source of revenues for this tax. The Minister has been conservative in his estimates he tells us, but the current estimate is that as much as 80 per cent of this revenue will come from territorial residents. I hope that we have some mega projects ahead of us, perhaps even beginning this summer, that will turn that around so that the payroll tax will start to generate a majority of its revenue from the southern residents. Frankly, my constituents and constituents in places like Yellowknife are likely going to bear a greater share of the burden because they are privileged to be higher income earners than the smaller communities.

I think that as Members of the Legislature, there is a time when one has to lead and one has to make difficult decisions, having regard with the fiscal situation of the government and the interests overall of the Northwest Territories and resist pressures from one's constituents to support a measure that may be difficult to sell, but may be in the overall interests of the government and of the people of the Northwest Territories.

So, Mr. Chairman, the committee's comments about consultation are strong. I do not think a committee report has been much stronger in providing criticism to the government about the method of consultation, but I guess I would say that it is not too late to remedy that. I would hope that an effort could be made by the Minister of Finance, if this bill is passed, to reach out to the people of the Northwest Territories, other than through the Yellowknife newspapers, and make an effort to explain how this tax works. The average constituent will, in fact, come out ahead in a net sense, if they file a return, and there are some people who say there are many who do not file a tax return. Unfortunately, Mr. Chairman, the new child tax credit legislation is going to require people to file an income tax return if people want to get the family allowance. So, even our hunters, trappers and carvers and people who have not always filed income tax returns in the past, are going to have to file tax returns to get their family allowance.

This tax credit aspect of the payroll tax will be another reason for the lower income earners, and middle income earners, to file tax returns. I am not happy about this, but it is a reality and I think I will be trying to communicate this to my constituents as clearly as I can. I would like to suggest the Minister of Finance should do so as well.

Mr. Chairman, I am concerned about the burden on small business. I have heard my business constituents talk about more paper work and more hassle. I do recognize this is not going to go over well. As I said, I have concerns about the process. Mr. Chairman, on balance, and after much serious discussion which I have been privileged to participate in as a Member of the Standing Committee on Finance, I am going to support the bill.

---Applause

Although, it is not easy to do and sometimes I said to my colleagues that my attitude was sort of holding my nose and voting yes, I would like to make one comment, Mr. Chairman, that Mr. Antoine, who is our new chairman, has really had his work cut out for him in dealing with this extremely complicated piece of legislation and highly technical piece of legislation. I have not seen such a complicated one, certainly in the life of this Assembly. I would like to say that I have been extremely impressed with the balanced way he has dealt with this issue, which caused many arguments in our committee and the way he has thoroughly seen that the bill was discussed. I think if there are improvements in this bill, it certainly is very much due to the thoroughness with which he has carried on his work as chairman of the Standing Committee on Finance. Those are my comments, Mr. Chairman. Thank you.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1457

The Chair John Ningark

Thank you, Mr. Patterson. Further general comments on Committee Report 20-12(3). Mr. Antoine.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. As the chairman of the Standing Committee on Finance, I must say that this was a very tough bill to deal with. We took many hours of meetings, early mornings, late in the evenings and even on the

weekends, to deal with this situation. We have come to the point now where the committee has made a report to the House to allow it to go into committee of the whole.

My original position, which I had related to the Minister of Finance earlier on in the deliberations and discussions which went on in the discussion of the payroll tax was that, we suggested to him why do we just not table these documents at this sitting and deal with it in a public consultation process through the spring, summer and fall, and we will deal with it in the fall. The argument there is that the fiscal framework is already built, and the money this tax will generate is already worked into the budget. If we are to do that, then we will have to cut some programs and cut within. With the amount of requests, financially, to provide programs and services at the community level it is already as skimpy as can be, and there are yet more demands for more funding. The argument of the government is that. I understand that argument. I appreciate what a hard job it is to run a government and you need the funds for that. However, that is the way I would like to see it done. Unfortunately, we are here to decide to vote today, later on, on this bill.

My concern is that there is a need for proper consultation process. I feel obligated to this bill in a way because we helped to make the necessary technical changes to make it into a better bill through our recommendations and through our tax expert, the consultant we used. In that way, we feel a little bit of ownership toward this payroll tax. The problem is we are asking, the government wants to ask us to create a payroll tax to take money from the workers in the Northwest Territories, as well as the southern fly-in workers. My understanding of the percentage we are going to generate from the southern fly-in people is between 15 to 20 percent of the money that it will generate. So, the majority of the money which is going to generate from this payroll tax is from northerners.

However, the attachment to the amendment of the Income Tax Act which was given to us, indicates that the majority of the people who are poor and do not make that much money will not benefit in the end. That way it is a good tax. However, I question whether it should be in the form of the payroll tax act because what we are doing is creating another creature and this creature is going to be there for as long as possible, I guess. The nature of the tax is that it grows every year, one per cent, two per cent, three per cent. How long is it going to? We saw that with personal income tax. Then there is the business tax and the GST as well. When the personal income tax went up in the fall session by one per cent, because it is already an existing tax structure there was not that much concern by the public. It went from 44 per cent to 45 per cent. However, the payroll tax is, like I said earlier, a new thing and the amendment to the income tax, while you get a tax rebate it is a separate act altogether, so they are not really tied together. So, I am thinking about the future and what we are creating. It is one per cent now and we are going to generate some funds. However, in the future when another batch of politicians will be sitting in our place down the line, if the payroll tax is up to four or five per cent, and maybe if they decide to take the amendment to the income tax at that time, then you have another tax infrastructure in place. Because these two acts are not tied together, that could happen. I know the Legislative Assembly will eventually have to decide, but who knows how to predict the future. I do not. I am just cautioning people in the House of what it is we are trying to do.

My concern is about the future of the people in the north. I know it has been said by the government that when you are going to consult with people about tax that everyone is going to say they do not want any more taxes. However, we have said in the beginning of this Assembly that we want to have more open government and we want to have more involvement by people in important decision making. I feel it is important, especially when you are talking about asking the people who work hard for their money to pay this one per cent. They are the ones who count. They are the ones who voted for us and we have already made a commitment to them that we are going to let them be involved in all the decision-making. We do that in programs and services but in this case it is something that people work hard for and feel they are entitled to the money they make. A government such as this has the authority to create a whole different tax body that has the authority to take their hard-earned money, and I have some difficulty with that.

You are probably wondering as a Member who sits on the Standing Committee on Finance we were in a dilemma. We could not come to a solid consensus on whether to support the bill the way it is or not. The reason for me speaking and the type of recommendations we made is that it allows for individuals and the committee to express their views publicly. This is another commitment we had made to the people in the north is that we would have a more open government. This is a good place to discuss this payroll tax in public before the decision is made. That is the reason why I am expressing my concern about this payroll tax. It is a difficult one and everyone will have to make a decision when the time comes.

I want to reiterate my position. What I would like to see is that preferably if we could deal with this item through a consultation process in the spring, summer and fall and then deal with this item in the fall, I wonder if that is possible and I wonder if the government has already possibly looked into its own operation to see how they could make up the shortfall. I understand it is between $6 million and $8 million, but that could be conservative at this time.

I understand the principle. I agree with the principle of the tax that we should try to capture the tax dollars that are escaping us. We should set a net for southern workers who come in and try to capture the tax dollars from them. I feel we should, to do it fairly for the people who put us here, try to deal with it in a more reasonable manner. I say reasonable because some Members feels that the process is flawed, as we indicated in our report and that the consultation process was done in a way that not everyone had an opportunity to look at the tax. The tabled document which was sent to the people who were consulted is different from the document which was read for the first time in the first reading. There were differences in the documents from the tabled document to the document which was read for the first time, the other day. We checked this out. We were told and we were satisfied that there were not very big changes between the two papers. The intent and the content of tax act is still the same even though there were some changes. For all these reasons, I feel that I would prefer to see this bill be dealt with over a longer period of time, perhaps deal with it in the fall. Those are my general comments, Mr. Chairman.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Antoine. Mr. Whitford then Mr. Zoe. Mr. Whitford.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. I will make a few comments on this bill. Mr. Chairman, I have always supported the Minister of Finance in his initiatives and in his hard work in order to steer the government fiscally through these rough times. There was a time in the last Assembly, Mr. Chairman, that I had urged the then Minister responsible to take a good look at ways of making sure that people who came into the territories to earn money paid their fair share. I was told at the time that it would be impossible to do, or next to impossible to do, and consequently nothing was done. As a result, nothing did get done. People continue to earn money and leave without any net benefit to the territories, through taxation. We live and work here 12 months of the year and we end up paying for all the services which we do.

I was initially in favour of the payroll tax when it came out in its initial form. That, Mr. Chairman, was where the net would be cast to all tax payers in the territories and at the end of the year, tax time, the net would be cleaned out and those fish that lived in the territories would be set free and those that were not here would end up paying. Somewhere along the way, Mr. Chairman, it turned out that this net did not allow for many of the tax payers to be set free of this, albeit, small tax. This is where I think the Minister and his initiatives, and I, have a parting of the way. The initial concept, yes, where people who earned money in the territories would end up paying some but when the northerners would end up paying even a small amount, I could not support. I hoped that we would have been able to find a way around it. I only learned a little bit more about it in the last few days. It turns out that people will be getting some money back. That bothered me, as well, Mr. Chairman, because some people who will not even pay into it will end up getting some back. That is not fair. Mr. Lewis said that we will put money back into the pockets of the poor, but this is going to put money back into the pockets of people who do not even pay into it. If we end up paying out money what is the real net benefit of this.

There are a number of things which are flawed in this. There are initial flaws in this bill which beg for further review and some consultation on that. I too, would have preferred, if this bill had been deferred until a later time to be dealt with, rather than now. Mr. Chairman, there is a time when you take direction from your constituents on some things and you weigh the odds and their input, and some times as one of the Members said, you just have to hold your nose and vote against your constituents wishes. Mr. Chairman, I have spent a great deal of time talking to people about it. While it may be true that no one wants to pay more taxes, and if you ask them if you would agree to pay taxes, 95 per cent of them will say no. Many people without even being asked that have said this. Of the people who I represent, there was one exception who support this. Only one person of a large number. I represent, I think, the largest constituency by population. If they all stood up and said yes vote for it, it would be great. I have not heard but one person supporting this. I would have my feet tied to the fire if I turned and supported something like this against their wishes.

There is a great deal of heat dumped on Yellowknife. People say we are all rich. This maybe true that people do earn a good buck in Yellowknife but do not forget that we pay high taxes in this community, and we pay for many of the services which we get. To add, even one more per cent, when other people are not going to be paying, I think is totally unfair and this is why I will stand up in defence of those persons, in saying that this is not the proper time for this.

Again, I go back to the initial concept of this which I initially had supported. That changed somewhere along the way. It turns out that it is going to catch more people then I would like to see. I was going to abstain from voting so that it would allow the government to carry out some of its financial initiatives. However, Mr. Chairman, that would not be fair, and therefore I am going to say now that I will not support this. I would like to see it deferred until a later time where perhaps I can go back and consult with people and point out some of the positive things. At this point in time, I have to go on record and say that I will not support this bill for the reasons I have stated. Thank you.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Whitford. Mr. Zoe.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Thank you, Mr. Chairman. I concur with the report of the Standing Committee on Finance and all of the comments which are raised in the report. I raised some of those concerns which are incorporated in this particular report. However, Mr. Chairman, I was not too happy with the process which we used. From the outset, when the Minister first introduced the Payroll Tax Act, which our committee reported on, we made a number of recommendations and the Minister did follow out the recommendations of the Standing Committee on Finance.

Members on this side of the House and that side of the House will recall that when we were discussing how many sessions we should have, I raised the issue and I indicated at that time that we should have a spring session because I knew we were going to get into this problem. I knew people were going to start complaining about the process that the government has used. For that reason, I strongly recommended to them that we should have a spring session, but nobody on this side of the House or that side of the House suggested that we should have a spring session. They all said, no, we are not going to have any session at all. The end of this session is it. We are not coming back during the spring and the next time we will see each other is in the fall. Some Members on this side of the House are saying the process that the government used to date was not a good one. I agree with them. That is why I raised it even before we got into this mess. Nobody raised it at the time that I suggested that we should have a spring session. We have had a spring session for the last three years. Why can we not have a spring session to deal with this? I knew we were going to get into this dilemma.

The government has suggested that they want to incorporate this effective July 1. For that reason, I said it is not going to be enough time to deal with this, we will need more time, but because Members of this House decided not to hold a spring session the government had no choice but to bring in the payroll tax before we conclude today. I am kind of appalled to hear Members on this side of the House suggesting that they are disappointed with the process that has been used. I realize it was not a good process but you have got to understand the government's dilemma. I am not particularly happy with the way the payroll tax in its present form but when the vote has to come down, Mr. Chairman, I will not oppose it, but I will not support it either. Thank you. I just wanted to make those comments so that the public know that the issue was raised that a lot of Members in this House elected not to hold a spring session to deal with this issue. Thank you.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, honourable Zoe. Any further general comments to Committee Report 20-12(3)? Mr. Pudlat.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Kenoayoak Pudlat Baffin South

(Translation) Thank you, Mr. Chairman. With regard to the payroll tax amendment, I know the Minister of Finance has been working on this for a long time. When we started dealing with the payroll tax amendment, I thought I understood that it would not apply to the whole Northwest Territories, but I am now beginning to understand it better. The majority of the people in my constituency do not really understand the meaning of the payroll tax amendment. Perhaps some time I can make it to the communities and consult with my constituents, eventually, because it takes a few days to get to some communities. My honourable colleague is right, in some ways, that my constituency has to be consulted with regard to the payroll tax amendment. If I do not consult my constituency I would be the one to blame if I did not consult them.

I remember the time when my honourable colleague wanted to hold a spring session to deal with this. I think we should delay and set a time to deal with this because it is very important that we consult our constituents with regard to the proposed amendment. Mr. Chairman, as I beginning to understand the amendment I do not really want to support the proposed amendment any more. If I am going to oppose the amendment it is because I have a reason. I would like to have more time to deal with the payroll tax so I can consult with my constituency. Mr. Chairman, I just wanted to comment on this. Thank you.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
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The Chair John Ningark

Thank you, Mr. Pudlat. Any further general comments on Committee Report 20-12(3) from the committee? Mr. Dent.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. Mr. Chairman, the present government has done a relatively good job of providing a balanced budget. We are probably the only jurisdiction in Canada without an accumulated deficit. I think it is important that we maintain that situation. I recognize the need to increase taxes in order to ensure that we can stay that way. I think it is important to point out that in spite of decreasing support from the federal government in terms of transfer payments, in this jurisdiction we have managed pretty well to maintain our services. We have not had huge staff lay-offs that other jurisdictions have had. Services have been maintained relatively well. Mr. Chairman, it takes money to do this. As well, the performance of the formula financing agreement is going to be affected by decreasing transfer payments because of the provinces across Canada who have now increased their tax rates because the difference between our rates and their rates increases, the amount of money that we receive from the federal government decreases. Mr. Chairman, that has put us in between a rock and hard place.

When the Minister of Finance announced this tax measure I told him right away that I thought it was the wrong way to go. It is too complicated. It is too much work for the revenue. As a matter of fact, Mr. Chairman, I suggested to him that a further increase of one per cent in the personal tax rate would probably be more acceptable. The government has chosen not to do that, they have chosen to support, instead, the goal and principle of trying to obtain some taxes from fly-in fly-out workers. I am sympathetic to that goal. I have to say that I would prefer in many ways to see the tax system unchanged. However, Mr. Chairman, because it is important to increase taxes and I recognize the need to do that, and because this tax measure is the one that is before us right now, I am going to support this payroll tax measure. I want to be very clear to the government that they had better not count on my support for increases in the rate of tax. I think that it will be interesting to see how this one works out and whether or not we do, in fact, net the amount of money that the government says we will. In future, I would prefer to see increases in the other taxes if we have to have them rather than an increase in the payroll tax. Mr. Chairman, those are the reasons for which I will be supporting this measure at this time.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you, Mr. Dent. Are there any further general comments? Mr. Arngna'naaq.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Silas Arngna'naaq Kivallivik

Thank you, Mr. Chairman. Like other Members, I have only recently begun to understand what these particular bills will be doing to the citizens of the Northwest Territories. When I first heard about this I thought of it as somewhat ridiculous as far as the administrative costs to recover funds which are going south, and the amount of money that will be used to administer the program. Since then, I have begun to understand more of what the intent of these two bills are.

At this point, I am stuck between voting for and against these two bills. On the one hand, for a majority of the people who will be affected by this in my constituency we have raised such areas as rent by as much as 15 per cent. That is what I hear from the Minister of Personnel. The inflation rate in which we survive at this point is about 1.8 which basically covers the salary increases that employees in my constituency will be affected by, which works out to a 15 per cent increase. We are talking about a one per cent increase to their payroll. In my mind, that is a 16 per cent hike for employees who are the moderate range income.

I would have also liked the benefit, pleasure or privilege of consulting people in my constituency. I have only learned, over the past two weeks, what the intent of these bills are. I still have difficulty. Of what I can understand of this, it does not touch people who are self-employed. People who are self-employed in my constituency are quite well-to-do people. Professionals are quite well-to-do. People who have formed corporations are very well-to-do. From what I can understand, they are not going to be touched in any way shape or form by these two bills. Yet, I have people who I always have sympathy for, the people who are in the low income bracket, people who are on social assistance, they are going to benefit. How much of a benefit they going to receive is another factor that I have to consider.

In speaking with the Minister of Finance, the original intent, as far as I can understand, was that we were trying to catch the people who are fly-in fly-out workers in the territories. The figure which he gave me roughly was 27 per cent. In listening to the chairman of the Standing Committee on Finance he is indicating 15 to 20 per cent. How much of this revenue is actually coming in from people who fly-in and fly-out? I do not know the answer to that. When we look at the attachment to what we have received from the Standing Committee on Finance, I have looked at that and studied it, what I can see is that in a time when we, as a government, are trying to employ as many aboriginal people as we possibly can, the people who are aboriginal and will likely fall into these brackets will likely get hit the hardest. I think that is true for my constituency.

When we looked at the rent increases, I took a look at who was going to be affected the most, and when we looked at this, it appeared that the people who are aboriginal employees, live in a government house, have an income which is average are likely going to be hit the most. When we voted on the rent increases, that is who I was thinking of, the aboriginal employees who we, as this government, have been encouraging for a long time and continue to do so.

I can understand where the government is coming from by introducing the payroll tax as well as the Income Tax Act, which is to soften the burden on the people who are less fortunate. At a time of financial constraints the government has the responsibility to keep the bottom line positive. I can understand that. I can also see people who are employed by various agencies in the Northwest Territories trying to try to get their bottom line positive with the banks and with the mortgage groups. At this point, I really do not know how to vote. These last few years have been a time of recession in Canada, all over the world for that matter. It appears we are getting past this recession. Just at that point, we are introducing a one per cent tax on people who are likely better off than most and handing it to the less fortunate. That principle I like. I think it is a very good principle. Yet, I do not want to see the affect of any more increases on people who are trying to benefit my people. That is who is in my constituency, government employees and those who are on social assistance. For me, it is very difficult to say, without having consulted with the people in my constituency to say yes or no. At this point I would like to say I will be abstaining. Thank you, Mr. Chairman.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Ludy Pudluk

Mr. Ningark

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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John Ningark Natilikmiot

Thank you, Mr. Chairman. Mr. Chairman, I initially did not support the bill when it was first introduced by the Honourable Minister. I stated, Mr. Chairman, that my constituents would not want me to support any legislation to increase or introduce any form of tax within their jurisdiction. However, Mr. Chairman, the more I think about it, the more I get confused on this initiative. Mr. Chairman, we have families living in wooden shacks, there are families living in substandard homes in the territories, there are programs and services that make life a bit easier for women and children in this jurisdiction that has been curtailed because the system is not able to keep up with the demands. Mr. Chairman, there are children going to school every morning across the board without breakfast because we do not have the means to provide breakfast for them. Mr. Chairman, if the money generated from the initiative would be used to help women and children, who sometimes we seem to neglect because we do not have the means to help them, and maybe because someday, Mr. Chairman, we may become a province.

We have talked about the dream of many of the people of the NWT to be self-sufficient, to become a province. Maybe this is a good time to start practising this, since I am told by the Members of the Standing Committee on Finance and by some of my colleagues, people who cannot afford to pay taxes in this initiative, if it is passed by this House, those individuals who do not make that kind of money will be given a rebate. This is not a case of the poor get poorer and the rich get richer. I think the initiative is fair in mind and, Mr. Chairman, I am and I will at this time, be supporting the motion. Thank you.

---Applause

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Ludy Pudluk

Thank you. General comments. Member for Thebacha.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jeannie Marie-Jewell Thebacha

Thank you, Mr. Chairman. I would like to make my general comments with respect to the bill itself. Mr. Chairman, as a Standing Committee on Finance Member, I certainly did not have any problem with the concept and the principle of the bill in trying to tax the people who come into the north and go south and at the end of the year pay their taxes in other jurisdictions. That was the intention of this bill and I fully support that concept. However, as a Member, I want to advise the Minister of Finance that I was one of the Members who posed the most criticism with respect to the process used with regard to those whole payroll tax, particularly in the area of public consultation.

First of all, this bill was discussed, the committee brought forth its recommendations on February 17. One month later the Minister came back and agreed that there should be revisions and then we have taken it from March 19. The notice to the public was done after March 19, only in the Yellowknifer and News/North and I cannot why it was not done other papers across the territories. That is not public consultation. So, I was concerned about that and I expressed my concern in the committee.

The other area that I proposed to the Minister when he came to meet with the committee was because of the lack of consultation, because of people not understanding the bill in totality, the area of credits, if they live in the north they will get back their payroll tax, because they really do not understand the complexity of the bill, why not bring this bill back in November when we have our next session? Let the consultation process go through and even if you raised your percentage from November, December, January, February and March to be able to get your money in the revenue part for government, that was one area that should have been considered. They must have decided not to accept that idea.

I think the problem that we have is that there are many ordinary Members who do not understand the bill, do not understand that one per cent of your pay is going into this payroll tax, but up to a certain amount you will receive a credit. It is not only just another form of tax payment. The lower income people get a portion, or probably more than what they are going to be paying. That part of information did not go out in clear to the public, so it has been very difficult for them to understand that. They just look at it as a one per cent tax. If you get $1,500 on your pay cheque then $15 goes to the payroll tax. That is the only part they understand. It is because the bill was presented to us to catch the southern people who live in the south but come to work in the north, make their money in the north. That was the intention of the bill.

The only problem that many Members find themselves in, I think if the general public recognized the average payroll tax, for example, a person who makes $10,000 to $20,000 would pay on the payroll tax at least $26, they would receive a tax credit of $50. So, if this bill passes it benefits the people who make $10,000 to $20,000 by $25. For the people who make $20,000 to $30,000 they would have an average payroll tax of $105 per year. Their tax credit would be $173 and they would benefit by $68. If an individual made $30,000 to $40,000 they would pay $202, their average tax credit would be $269 so they would benefit by $67 if this tax was introduced. The people who make $40,000 to $50,000 would pay $305 on the average, receive a tax credit of $361, they would benefit by $56. The people who make $40,000 to $50,000 would pay $417, they would receive a tax credit of $450, so they would have a benefit of $33 plus their money back. It is when you get into the brackets of $60,000 to $70,000 the payroll tax then you start paying $618 and you get a credit of $601. Then you lose $18 out of an individual's pay. When you get into the tax bracket of $70,000 to $100,000 your average payroll tax is going to be $764, your average tax credit is going to be $641 so you end up paying overall $123. For individuals making from $100,000 to $200,000 they pay a payroll tax of at least $1,048, the average tax credit would be $643, therefore they would receive a $405 credit. So, they would end up paying.

Mr. Chairman, I do not believe that people understand this formula that this tax is going to be implemented on. It is because the information has not been out to the public. This tax bill was tabled, I agree, for the public to be able to look at it. However, the actual tax bill we are discussing is a different tax bill than what was tabled because there are about five changes to the initial tax bill that was tabled. We believe in the Standing Committee on Finance that those changes are for the better. We encouraged the Minister to change that tax bill and we appreciated that he did change it.

I will tell you the real problem, Mr. Chairman, and I had a problem with this. Every time we come to a session and something like this that is going to be controversial, may be too complex, we leave to the last minute. This session was supposed to close at 2:00 pm today, here it is 7:00 on a Friday night, we are still discussing trying to get this payroll tax in because we know we want to prorogue, we know we want to finish, we know we want to go home. So, here we are deliberating a bill that has over 70 clauses, over 50 pages. Again, sometimes I tell the government, poor, poor planning. That is what it is. It is not only poor planning on the government, it is the Legislative Assembly too because we should have kept telling them get that bill in the House. But, no, we leave everything for the last minute. That is where we have the problem. Now there is back room discussion, should we defer it. We do not feel comfortable with the amount of consultation in regard to this bill. That is where we have our problems. We create many of our problems.

Mr. Chairman, when I looked at this bill this morning, last night when we left here after 11:00 pm, thinking of this bill, I actually dreamt of this payroll tax bill, usually my work does not bother me. But, I feel strongly that the process undertaken has been too rushed. I feel it is really unfair and I really feel sorry for the Members who are not Members of the Standing Committee on Finance because they have to take this bill, absorb it all and vote on it. They depend on the Standing Committee on Finance to give them advice. The Standing Committee on Finance could not even come to a consensus.

So, I believe that is what has caused the problem. We did not allow enough time for such an important piece of legislation to be properly considered in the Legislative Assembly.

Mr. Chairman, I do not think there is one Member in this House who does not agree with the principle of this bill. I believe every Member agrees with the principles because we all want the government to get more money, especially from those people who come in from the south, make their money in the north and go. We all want to support that concept, there is no doubt about it. I think the problem is with this payroll tax being applicable to every northern resident, many northern residents do not understand that they will get their money taken off their pay cheque back at the end of the year. That is the problem, people do not understand that.

Mr. Chairman, I wish the government luck when they explain this bill as we go through it clause by clause. I could probably say we will be here until midnight and I doubt if we will still have this bill changed, or else it will be like other sessions, where I have seen sessions where you take a thick piece of legislation and all you hear is agreed, agreed, agreed, agreed so we can get out. But that is a disservice to the public. Let me tell you, if we defeat this bill this will be a lesson, especially for the government on the planning. I just about voted to teach you guys a lesson, voted against. However, because I really support the principle, I support the bill, but I really do not feel good about the voting because I do not believe I am voting in a proper manner. I think that is the same dilemma many of my colleagues on this side of the House are in, they feel the same way. I know if I put forth a motion to defer this bill we would probably carry that motion, not to be disruptive but to make sure we are passing a piece of legislation that we want, is good for all the people of the north, and the people of the north particularly to understand this piece of legislation. Yet we know that the government, financially, needs the money. So, we are in a situation where we are damned if we do and damned if we do not. I do not know if that is unparliamentary, and if it is I apologize. We want to leave you to have the money to let you do what we want, but it is the way we are getting the money so quickly with a complex bill we are concerned about. Thank you, Mr. Chairman.

Committee Report 20-12(3): Standing Committee On Finance Report On Bill 27, Payroll Tax Act And Bill 26, An Act To Amend The Income Tax Act, No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair Ludy Pudluk

Thank you. General comments. Mr. Antoine.

Committee Motion To Move Bill 26 And Bill 27 Into Committee Of The Whole
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jim Antoine Nahendeh

Thank you, Mr. Chairman. As I said, I have had some difficulty with the rules of this Legislative Assembly. I move that the committee recommends that the following bills be moved into committee of the whole for further consideration: Bill 26, An Act to Amend the Income Tax Act, No. 2 and Bill 27, Payroll Tax Act, 1993.

The motion is in order. To the motion.

Committee Motion To Move Bill 26 And Bill 27 Into Committee Of The Whole
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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An Hon. Member

Question.

Committee Motion To Move Bill 26 And Bill 27 Into Committee Of The Whole
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Question has been called. All those in favour? All those opposed? Motion is carried.

---Carried

Mr. Antoine.