Bill C-2 · 44th Parliament · Justin Trudeau
An Act to provide further support in response to COVID-19
Government bill. Became law.
- IntroducedNov. 24, 2021
- Debated in principleDec. 2, 2021
- Studied by a committeeDone
- Passed its first chamberDec. 16, 2021
- Passed the second chamberDec. 16, 2021
- Became lawDec. 17, 2021
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Justin TrudeauPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 2 November 2021, the Deputy Prime Minister and Minister of Finance introduced Bill C-2, An Act to provide further support in response to COVID-19 in the House of Commons and it was given first reading. Part 1 amends the Income Tax Act and the Income Tax Regulations to extend subsidies under the Canada Emergency Wage Subsidy (CEWS), the Canada Emergency Rent Subsidy (CERS), and the Canada Recovery Hiring Program until May 7, 2022, as part of the response to the COVID-19 pandemic. Support under the CEWS and the CERS would be available to the tourism and hospitality sector and to the hardest-hit organizations that face significant revenue declines. Eligible entities under these rules would need to demonstrate a revenue decline over the course of 12 months of the pandemic, as well as a current-month revenue decline. In addition, organizations subject to a qualifying public health restriction would be eligible for support, if they have one or more locations subject to a public health restriction lasting for at least seven days that requires them to cease some or all of their activities. Part 1 also allows the government to extend the subsidies by regulation but no later than July 2, …
Summary by the Library of Parliament.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
16% of the text as introduced was changed or removed by the time it became law (15,415 words introduced, 15,761 passed). A committee amended it.
moderate changeintent mostly kept
The core subsidy extensions and lockdown benefit were retained with only technical tweaks to qualifying-period rules. A new Part 3.1 was added requiring the Auditor General to conduct a performance audit of the benefits and table a report.
- A new Part 3.1 was inserted to require an Auditor General performance audit of the benefits.
After: “Part 3.1 provides for the completion of a performance audit and tabling of a report by the Auditor General of Canada in respect of certain benefits.”
- The table of contents was updated to include the new audit part.
Before: “PART 3 Canada Recovery Benefits Act 9 PART 4 Canada Labour Code 20”
After: “PART 3 Canada Recovery Benefits Act 9 PART 3.1 Review of Acts 19.1 PART 4 Canada Labour Code 20”
How precisely it is written
vagueChallenging the law: EasyDisputing a charge: Easy
The bill mixes some fixed definitions and numerical limits with repeated subjective phrases that turn on opinions, essential needs, and competent authorities. This leaves core eligibility, penalties, and lockdown rules open to argument rather than settled by the text alone.
Open to argument
“have underlying conditions that in the opinion of certain persons or entities would make them more susceptible to COVID-19”
Eligibility turns on an undefined opinion rather than an objective medical test.“essential to preserving life, health, public safety or basic societal functioning”
The lockdown-order definition uses a broad, value-laden standard instead of a closed list of activities.“if the Minister is of the opinion that the person has committed a violation”
Penalty power rests on the Minister's subjective view, not an objective breach standard.“on the recommendation of the Minister, amend any of the following provisions to replace the date”
Dates and scope can be altered by regulation without further legislative criteria.
Clear-cut
“week means the period of seven consecutive days beginning on and including Sunday”
A clear, mechanical definition that removes ambiguity about time periods.“fine of not more than the sum of $5,000 plus an amount of not more than double the amount of the lockdown benefit”
Maximum penalty is expressed as a fixed formula rather than an open-ended discretion.
Discretion. Extensive power is delegated to the Minister to form opinions on violations and penalties, to the Governor in Council to amend dates and lockdown definitions by regulation, and to unspecified competent authorities to issue orders.
Challenging the law itself. Broad subjective standards such as 'opinion' and 'essential' invite vagueness and overbreadth claims under section 7 of the Charter.
Disputing a charge under it. A person facing a penalty or offence can readily dispute whether the Minister's opinion or the 'essential' test was correctly applied.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.