Supporting Family Farm Businesses
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Summary
Private Members Bill C-208 has passed the House of Commons and will change the way that small businesses can be transferred from family to child and grandchild ownership. The bill was brought forward by Conservative MP for Brandon Suras, who has been a long-time advocate for small businesses.
Transcript
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Hello and welcome once again to The Blueprint. This is Canada's Conservative Podcast. I'm your host,
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Jamie Schmael, Member of Parliament for Halliburton, Thor with the likes of Rock. Thank you so much for
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joining us here today. We have new content every single Tuesday, 1.30 p.m. Eastern Time. We ask
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that you'd like, subscribe, comment, share this program, help us push back against the ever-moving
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Liberal agenda. And I know it is summer, but we do need people to hear the Conservative message,
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something they might not be getting from the mainstream media, because we want to ensure
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that Justin Trudeau is limited to this power that he has had in Ottawa, and that Erin O'Toole is the
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next Prime Minister of Canada. Of course, if you can't watch the program all in its entirety,
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right the second you download it, later on, on platforms like CastBox, iTunes, Google Play,
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Spotify, you name it, it is out there. And together we can do this. And with the new content,
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as I mentioned, we have Larry McGuire, the first time on the program, Member of Parliament for
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Brandon Suras, to talk about his bill, the Private Members Bill, C-208, that has passed,
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that will have a profound impact on how small businesses and the transfer of those businesses,
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whether it be a farm or, say, a retail establishment, whatever, is transferred for the ability to have
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it transferred with less of a tax impact than it would be previous to family members. Welcome,
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Larry McGuire. Hi, Jamie. It's a pleasure to be here. And thank you very much for having me on your
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podcast to talk about C-208. Well, you have a better voice than I, so I will try to get through
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as best I can. Let's talk about your Private Members Bill. So for those joining, Private Members
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Bills can be very difficult to get through the House of Commons and through the Senate and get Royal
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Ascent. It's not an easy task. And when you get a Private Members Bill, you're kind of slot at the
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beginning. It's almost like winning the lottery. It pretty much is winning the lottery. A lot of
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people don't actually get a chance to do that. So tell us a bit about your bill and what it does
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for small businesses and why it is so amazing that you have done this.
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Well, thanks, Jamie. It is an amazing feat to actually get a Private Members Bill through the
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House. First of all, you have to be lucky enough, as you say, to be drawn in the early tranches,
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particularly in a minority government. So I was drawn number 17 in this group of first 20 or so
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Private Members Bills that were going to be up in the House. I brought it forward a year ago,
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February, as first reading. And this is the same bill that the interim leader of the NDP,
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Guy Caron, brought forward back in 2017, and the Liberals defeated it then. But we had all
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opposition party strength and support for it at that time. And so I brought Bill C-208 forward
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again, because this is a huge impact. And it's been worked on for at least a couple of decades
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to try and get a bill like this through Parliament, to make it law in Canada to help small businesses.
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And the way this bill helps, it helps farmers, fishers and other small business qualifying
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small businesses. And by qualifying, I mean, a company being sold directly to your child or
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grandchild. And this is the only impact that this bill has. The reason it was required is because
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if you sell your small business to a complete stranger right now, you get to use the capital
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gains exemption, which is a very low tax rate by comparison to having it deemed to be a dividend
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if you sold to your own child or grandchild. It can mean about a $300,000 difference, even more in
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some cases, up over $400,000 on that first million of sale of those small businesses. And as we know,
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most small businesses, the entrepreneurs that build them, put everything they have and all their
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earnings back into those businesses. And so it's basically helps them with the retirement package.
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So why is this bill important? It's because it levels the playing field. It does not create
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loopholes for the wealthy, as Prime Minister has said, and even the other Liberals in the House of Commons,
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when we were debating it, they said, well, we can't be authorizing loopholes for the wealthy.
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Well, these are not wealthy people. These are people who have run small businesses all their
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lives and want to be able to transfer them down to the next generation. And there's a lot of pride
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involved in that as well. But this is a particular circumstance, because it was a real penalty to sell
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to your own children. And that's what this nullifies. This just levels the playing field
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with being able to sell to your children, as opposed to a, you know, an arm's length person.
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Non-arm's length, pardon me. Non-arm's length to, you know, to a complete stranger.
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But that kind of seems common sense to me that you'd want to have the option, or at least the
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option that levels the playing field in terms of whether you want to sell it to a family member or
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a complete stranger, whether it be a corporation or otherwise. But you had some trouble getting this
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through the House. It was the Liberals who pushed back against this quite heavily.
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Yeah, we did. And it came up again for second reading in the fall, actually on November the 25th,
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the day I was elected in 2013 in a by-election as a coincidence. But, and it went through second
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reading and was passed there by all of the opposition, including the Green Party and many
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of the independents as well. And the Block, the NDP, and of course our Conservatives. And then we
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were able to bring it forward again this spring at committee. And again, it passed at third reading.
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Now, when it passed the House in second reading, there were only two Liberals voted for it. And I know
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that the chair of the Finance Committee and the Liberal Party wanted to, he knew how important
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this was for small business. I don't know if he had any impact on it, but there was 19 Liberals
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voted for it at third reading. So they were starting to see that they all have small businesses in their
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constituencies as well. But the PMO or the Prime Minister's office, the cabinet of the Liberal Party
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did not want this to pass because they thought it was helping, as I said earlier, the wealthy,
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I guess, if you want to put it that way, when there are restrictions within the definition of
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a small business, and there are safeguards in the bill that are quite important as well.
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Didn't the Prime Minister try to get his hands into this as well?
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Well, that was, I believe, solely because cabinet doesn't vote for it. That was certainly
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an indication. And from the remarks of the Liberals in the House at that time, it's very clear that
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they didn't want it except for one that spoke out quite heavily at it, a third reading, in support of
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it. And so when it got to the Senate, then it did pass the House and it was referred to the Senate.
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Senator Griffin from Prince Edward Island, the chair of the Agriculture Committee of the House of Commons,
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took it forward in the Senate. We got first and second reading, moved it to committee.
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Witnesses came to see it there as well. I mean, there was also witnesses, tax experts and
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Revenue Canada, Taxation Canada people in the taxation department spoke for and against it at
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committee in the House, but it still passed. And the same thing happened in the Senate.
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So it did pass there. But there were senators fairly, I've had some senators say that there was
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more controversy around this bill passing in the Senate than any opposition bill they've ever seen.
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That seems very strange. I guess to some on the left, this would be something they would see as a
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hindrance, right? You have all these small businesses out there creating jobs and opportunity
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and wealth in their communities. But those that really subscribe to the view that big government
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is boss, don't mind only a few, a handful of corporations doing business. It's a lot easier
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for those in big government to deal with those. It's easy for government, the bureaucrats, what have you.
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Whereas small businesses, those that do the hard work in our communities, should be able to have
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that opportunity to at least transfer that farm or transfer that business to their son or daughter
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and keep that wealth into the family and keep that opportunity, those jobs, local in the community.
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Well, that's absolutely true. And when I talk about a tax saving here, this is money in the family's
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pockets as opposed to going to Revenue Canada for general revenue to be dispersed back out in other
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forms, I suppose, if that's the way you want to look at government spending. But what they really
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fail to realize in the Senate and in the Liberal Party is that this money stays within, stays with the
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parents. It's part of their retirement package. It means that the children don't have to use double taxed money
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to pay for the corporation that they're buying. And the safeguard is that they have to hold those shares of that
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company that they're purchasing for at least five years, or else that reverts back and the parents
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would have to pay the dividends or pay the taxes as if it was a dividend anyway. So that's the
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safeguard that's going to, and that's a longer period of time than most businesses have to follow
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the tax codes to make sure that there's no filibustering or no monkey business, I guess you could
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say with this particular act. And so I think that's one of the big keys. The discussion in the Senate
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was around a lot of extraneous things, but it's certainly in several of the cases against it,
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looked like the discussion papers that were written were written by the tax department and
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the individuals there who, sort of the bureaucracy that didn't want to see this pass.
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But this is a benefit. I've had a chartered accountant firm phone me yesterday and say
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that this bill will do more for small businesses in Canada than has been done in the last 20 years
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through the tax department. And so I'm very appreciative of that. I wouldn't allow myself
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to think we'd get ahead of ourselves until it actually got third reading in the Senate, which it did
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back in late June here on the 22nd of June. And so that's, it's a real feeling of
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pride and accomplishment actually for getting a bill like this through the Senate. But I must say,
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Jamie here as well, I have to give several of my colleagues credit as well. First of all,
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I want to thank all of them that voted for it in no matter what party they were in and in the Senate
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for making sure that they did pass because there was an amendment that I'll talk about in a minute
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that they tried to kill it, to kill the bill. But I have to give credit to three of my colleagues,
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Kevin Waugh from Saskatoon, Randy Hoback from Prince Albert and Andrew Scheer from Regina Coppell,
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because without them allowing me to move my bill forward again, each time it comes up in the house,
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it drops to the bottom and you have to be able to bring it back up. And they were able to allow me
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to do this so that we could get it passed before the end of June here. And that's very important
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because if there is an election call, you know, all bills die on the order paper. And this would have
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had to have been started all over for the fourth time, actually, that it's been tried to come
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forward. So that's why it was so important. Yeah, Larry, this is amazing that you were able
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to do that and the help of our colleagues to ensure that gets done. And I think that also goes to the
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fact that in agriculture, and you're a farmer yourself, you know this, the demographics aren't
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getting any younger. And we need to have the ability to feed our country, feed our population
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and then export it to help feed others around the world. But if there was a barrier that prevented
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a family from passing on that farm, that operation to their, their son, their daughter, whatever,
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that is a hindrance to getting more young people into agriculture into that part of our economy,
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instead of these big, big, you know, these farms getting bigger and corporations holding these
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farms, it really does impact the local level at a very, it has a major impact at the local level.
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Yeah, no, it certainly does. And, and to have those dollars stay in the community, because those
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parents don't really go very far away. There was concern by some of the senators and even in the house
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that oh, well, this bill doesn't stop the parents from still being involved in the farm.
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I would hope not, I would hope that's correct, because you want to have the continuity of
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transfer to be there officially, as to the ownership of the corporation and pass it down in case something
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was to happen to the seniors who want to pass it. But at the same time, you've got a big, you know,
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that money will stay in that community, because they're not going very far. And they can,
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they can help operate the operation. My own father drove a tractor for a lot of years after
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he'd sold the farm to me. And, you know, back in those days, and, but, you know, the irony of it is
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a lot of these small farms, our small businesses are incorporated, because of the tax act that was put
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in place in the 70s by this prime minister's father. And now this one, this Trudeau was trying
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to dismantle it. And I find that as a really sad irony. And that many, when we talk about farming
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corporations or fishing corporations, it's no different than a shoe store or mom and pop shop
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on a, on a grocery store on the corner store, or a dress shop, shoe repair, whatever it is, jewelry
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store insurance agency, you know, these are the kinds of, I think sometimes the government fails to
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realize that 82% of the private jobs created in Canada are created by small businesses. And that's the
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big issue here, you want to provide people with an opportunity, not as an incentive in Bill 208, but to
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level the playing field. So they're not penalized to be able to do this and the continuity of being
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able to have the experience to pass it down to the next generation. I think I used the example in the
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Senate that my father got a lot of cheap labor out of me before I was, you know, because I loved the
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job and I wanted to do it. And there was an opportunity to take it over someday. So when I bought it from
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him, I, you know, certainly it's the same with every generation of small business out there, they want to
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be able to be involved and stay involved. They're not going to go very far away from their
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grandchildren. So I think it's a great community builder. And that was very much recognized by the
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senators that did pass this. All right, Larry, we're pretty much out of time, but I always give
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the guests the last word. Is there anything else you want to add? I know we covered a lot. I do
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appreciate it. I'd just like to cover that amendment that I talked about, Jamie, the senators, the
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old liberal senators, I guess you could say, call them whatever sector they were, tried to put an
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amendment forward, which would have killed the bill, because it would have had to gone back to the
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House, and there wouldn't have been time to pass it. The amendment was to basically not allow third
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reading of C208, and to take out all small businesses from the from the bill, except farmers and
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fishers, which are only about three or 4% of the bill. So this is extremely important to all of our small
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businesses in across Canada, I think they use the number 1.6 some million of them. And it doesn't
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cost the Treasury that much, because not everybody's going to want to do this. Just because there's that
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many businesses out there doesn't mean they're all going to transfer to their family. Some families,
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children go on to education and other areas and maybe don't, you know, see other opportunities and
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don't want to take over the business. And in those cases, while they're free to sell to whoever they
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wish. But that amendment told a lot about what the Liberals think of small business. And I know
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many of those senators, it was defeated 45 to 31. And so it was allowed to, that's what allowed the
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bill to be put forward and voted on division without even a final vote on it, it passed the Senate.
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And so anyway, to all our small business people out there, I want to let you know how much I
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appreciate having been one most of my life. And we had support from this bill from the Canadian
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Chamber of Commerce, the Canadian Federation of Independent Business, the Canadian Taxpayers
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Federation, the Board of Trade in Montreal, every farm organization in Canada, including the Canadian
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Federation of Agriculture, and on and on the Insurance Brokers Association of Canada, the Canadian
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Life Underwriters Association, Jamie, and there's just a plethora of organizations who have fought all
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their lives to be able to get this kind of a motion or of a bill passed to level the playing field for
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those who are selling their small businesses to their own family.
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Choice, options, and freedom. Well done, Larry Maguire on Bill C-208. It is quite the accomplishment
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to get a private member's bill through the House, through the Senate. Well done. This will have a
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lasting legacy. We're very proud of you and our colleagues that helped to make that happen.
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So, Larry Maguire, member of Parliament for Brandon Suros in the beautiful province of
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Manitoba, his first time on the show. Well done, Larry Maguire.
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We're going to have to have you on again. Absolutely. Thank you very much for joining
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us again. New content every single Tuesday, 1.30 p.m. Eastern Time. We ask that you like,
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subscribe, share this program, help us push back against the ever-moving liberal agenda.
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If you can't watch it all right this second, you can download it, listen to it later on on platforms
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low taxes, less government, more freedom. That is the blueprint.