Budget Implementation Act, 2009

An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 implements income tax measures proposed in the January 27, 2009 Budget. In particular, it
(a) increases by 7.5% above their 2008 levels the basic personal amount and the upper limits for the two lowest personal income tax brackets, thereby also increasing the income levels at which income testing begins for the base benefit under the Canada Child Tax Credit and the National Child Benefit supplement;
(b) increases by $1,000 the amount on which the Age Credit is calculated;
(c) increases to $25,000 the maximum amount eligible for withdrawal under the Home Buyers’ Plan;
(d) introduces amendments to the rules related to Registered Retirement Savings Plans and Registered Retirement Income Funds to allow for recognition of losses in accounts between the time of the annuitant’s death and final distribution of property from the account;
(e) repeals the interest deductibility constraints in section 18.2 of the Income Tax Act;
(f) extends the mineral exploration tax credit for one year;
(g) increases to $500,000 the annual amount of active business income eligible for the 11% small business income tax rate and makes related amendments;
(h) clarifies rules relating to timing of acquisition of control of a corporation; and
(i) creates cost savings through electronic filing of tax information.
In addition, Part 1 implements income tax measures that were referenced in the January 27, 2009 Budget and that were originally proposed in the February 26, 2008 Budget but not included in the Budget Implementation Act, 2008. In particular, it
(a) clarifies the application of the excess corporate holdings rules for private foundations;
(b) increases the amount that corporations will be able to pay as “eligible dividends”;
(c) enacts several regulatory amendments that complement and complete measures enacted in the Budget Implementation Act, 2008;
(d) introduces minor adjustments to the Tax-Free Savings Account rules and the scientific research and experimental development investment tax credit rules included in the Budget Implementation Act, 2008;
(e) implements rules in respect of donations of medicines; and
(f) reduces the paper burden on businesses by allowing a larger number of government entities to share Business Number-related information in connection with government programs and services.
Part 1 also implements other income tax measures referred to in the January 27, 2009 Budget that either were themselves previously announced or flow directly from previously announced measures. In particular, it
(a) implements technical changes relating to specified investment flow-through trusts and partnerships and new tax rules to facilitate the conversion of these entities into corporations;
(b) contains amendments to take into account financial institution accounting changes;
(c) extends the general treatment of capital gains and losses on an acquisition of control of a corporation to gains and losses that result from fluctuations in foreign exchange rates in respect of debt denominated in foreign currency;
(d) enhances the carry-forward for investment tax credits;
(e) implements amendments relating to the computation of income, gains and losses of a foreign affiliate;
(f) implements amendments to the functional currency tax reporting rules;
(g) implements minor tax amendments relating to interprovincial allocation of corporate taxable income, the Wage Earner Protection Program and the Canada-United States tax treaty’s rules for cross-border pensions;
(h) provides for an extension of time for income tax assessments that are consequential to provincial reassessments;
(i) ensures the appropriate application of the Income Tax Act’s trust rules to certain arrangements and institutions under Quebec civil law;
(j) enacts regulatory amendments relating to prescribed amounts for automobile expenses and benefits, eligible medical expenses, and the tax treatment of foreign affiliate active business income earned in a jurisdiction with which Canada has concluded a tax information exchange agreement;
(k) introduces rules to reduce the required minimum amount that must be withdrawn from a Registered Retirement Income Fund or from a variable benefit money purchase pension plan by 25% for 2008, and allows related re-contributions;
(l) extends the deadline for Registered Disability Savings Plan contributions; and
(m) modifies the provisions relating to amateur athletic trusts.
Part 2 amends the Excise Act, 2001 and the Excise Tax Act to implement measures to reduce the paper burden on businesses by allowing a larger number of government entities to share Business Number-related information in connection with government programs and services.
Part 3 amends the Customs Tariff to implement measures announced in the January 27, 2009 Budget to
(a) reduce Most-Favoured-Nation rates of duty and, if applicable, rates of duty under other tariff treatments on a number of tariff items relating to machinery and equipment imported on or after January 28, 2009;
(b) divide tariff item 9801.10.00 into two separate tariff items pertaining to conveyances and containers, respectively, and make two technical corrections, effective January 28, 2009; and
(c) modify the tariff treatment of milk protein substances, effective September 8, 2008.
Part 4 amends the Employment Insurance Act until September 11, 2010 to extend regular benefit entitlements by five weeks. It also provides that a pilot project ceases to have effect. In addition, it amends that Act to provide that the cost of benefit enhancement measures under that Act, provided for in the budget tabled in Parliament on January 27, 2009, are not to be charged to the Employment Insurance Account. Finally, it sets the premium rate provided for under that Act for the years 2002, 2003, 2005 and 2010.
Division 1 of Part 5 amends the Financial Administration Act to authorize the Minister of Finance to take, subject to certain conditions, a number of measures intended to promote the stability or maintain the efficiency of the financial system, including financial markets, in Canada.
Division 2 of Part 5 amends the Canada Deposit Insurance Corporation Act to provide the Canada Deposit Insurance Corporation with greater flexibility to enhance its ability to safeguard financial stability in Canada. The Division also adds Tax-Free Saving Accounts as a distinct category for the purposes of deposit insurance. It also makes consequential amendments to other acts.
Division 3 of Part 5 amends the Export Development Act to, among other things, expand the Export Development Corporation’s mandate to include the support and development of domestic trade and business opportunities for a period of two years. The period may be extended by the Governor in Council. Division 3 also increases the Corporation’s authorized capital.
Division 4 of Part 5 amends the Business Development Bank of Canada Act to increase the maximum amount of the paid-in capital of the Business Development Bank of Canada.
Division 5 of Part 5 amends the Canada Small Business Financing Act to increase the maximum outstanding loan amount in relation to a borrower. It also increases individual lenders’ cap on claims. These amendments will apply to new loans made after March 31, 2009.
Division 6 of Part 5 amends a number of Acts governing federal financial institutions to improve access to credit and strengthen the financial system in Canada, including amendments that will
(a) provide new authority for further safeguards to promote the stability of the financial system;
(b) enhance consumer protection by establishing new measures to help consumers of financial products; and
(c) implement other technical measures to strengthen the financial sector framework in Canada.
Division 7 of Part 5 provides for payments to be made to provinces and territories, provides authority to the Minister of Finance to enter into agreements respecting securities regulation with provinces and territories and enacts the Canadian Securities Regulation Regime Transition Office Act.
Part 6 authorizes payments to be made out of the Consolidated Revenue Fund for various purposes, including infrastructure and housing.
Part 7 amends Part I of the Navigable Waters Protection Act to create a tiered approval process for works in order to streamline the approval process and to exclude certain classes of works and works on certain classes of navigable waters from the approval process. This Part further amends Part I of the Act to clarify the scope of the application of that Part to works owned or previously owned by the Crown, to provide for the application of the Act to bridges over the St. Lawrence River and to add certain regulation-making powers.
Part 7 also amends the Act to clarify the provisions related to obstacles and obstructions to navigation. The Act is also amended by adding administration and enforcement powers, consolidating all offence provisions, increasing fines and requiring a review of the Act within five years of the amendments coming into force.
Division 1 of Part 8 amends the Wage Earner Protection Program Act and the Wage Earner Protection Program Regulations to provide that unpaid wages for which an individual may receive payment under the Wage Earner Protection Program include unpaid severance pay and termination pay.
Division 2 of Part 8 amends the Canada Student Financial Assistance Act to, among other things,
(a) require the Chief Actuary of the Office of the Superintendent of Financial Institutions to report on financial assistance provided under that Act; and
(b) authorize the Minister of Human Resources and Skills Development to suspend or deny financial assistance to all those who are qualifying students in respect of a designated educational institution.
Division 2 of Part 8 also amends both the Canada Student Financial Assistance Act and the Canada Student Loans Act to, among other things,
(a) terminate all obligations of a borrower with respect to risk-shared loans and guaranteed loans if the borrower dies;
(b) authorize the Minister of Human Resources and Skills Development to require any person who has received financial assistance or a guaranteed student loan to provide that Minister with documents or information for the purpose of verifying compliance with those Acts; and
(c) authorize that Minister to terminate or deny financial assistance in certain circumstances.
Division 3 of Part 8 amends the Financial Administration Act to provide express authority for agent Crown corporations to lease their property, restrict the appointment of employees of a Crown corporation to its board of directors, require Crown corporations to hold annual public meetings, clarify Treasury Board’s duties to indemnify Crown corporation directors and officers, permit more flexibility in the frequency of special examinations of Crown corporations, and require the reports of special examinations to be submitted to the appropriate Minister and Treasury Board and made public. This Division also makes consequential amendments to other Acts.
Part 9 amends the Federal-Provincial Fiscal Arrangements Act to set out the amount of the fiscal equalization payments to the provinces for the fiscal year beginning on April 1, 2009 and amends the method by which fiscal equalization payments will be calculated for subsequent fiscal years. It also amends the method by which the Canada Health Transfer is calculated for each fiscal year in the period beginning on April 1, 2009 and ending on March 31, 2014.
Part 10 enacts the Expenditure Restraint Act. The purpose of that Act is to put in place a reasonable and an affordable approach to compensation across the federal public sector in support of responsible fiscal management in a difficult economic environment.
It sets out rules governing economic increases to the rates of pay of unionized and non-unionized employees for periods that begin during the period that begins on April 1, 2006 and ends on March 31, 2011. It also continues certain other terms and conditions at their current levels. It preserves the right of collective bargaining with regard to other matters and it does not affect the right to strike.
The Act does not preclude the continued development of workplace improvements by employers and employees’ bargaining agents through the National Joint Council or other bodies that they may agree on. It also permits bargaining agents and employers to agree to the amendment of certain terms and conditions of collective agreements or arbitral awards.
Part 11 enacts the Public Sector Equitable Compensation Act and makes consequential amendments to other Acts. The purpose of the Act is to ensure that proactive measures are taken to provide employees in female predominant job groups with equitable compensation.
It requires public sector employers that have non-unionized employees to determine periodically whether any equitable compensation matters exist in the workplace and, if so, to prepare a plan to resolve them. With respect to public sector employers that have unionized employees, the employers and the bargaining agents are to resolve those matters through the collective bargaining process.
It sets out the procedure for informing employees as to whether an equitable compensation assessment was required to be conducted and, if so, how it was conducted, and how any equitable compensation matters were resolved. It also establishes a recourse process for employees if the Act is not complied with.
Finally, since the Act puts in place a comprehensive equitable compensation scheme for public sector employees, this Part amends the Canadian Human Rights Act so that the provisions of that Act dealing with gender-based wage discrimination no longer apply to public sector employers. It extends the mandate of the Public Service Labour Relations Board to allow it to hear equitable compensation complaints and to provide other services related to equitable compensation in the public sector.
Part 12 amends the Competition Act. The amendments include
(a) introducing a dual-track approach to agreements between competitors, with a limited criminal anti-cartel provision and a civil provision to address other agreements that substantially lessen or prevent competition;
(b) providing that bid-rigging includes agreements or arrangements to withdraw bids or tenders;
(c) repealing the provisions dealing with price discrimination and predatory pricing, replacing the criminal resale price maintenance provision with a new civil provision to address price maintenance practices that have an adverse effect on competition, and repealing all provisions dealing specifically with the airline industry;
(d) introducing an administrative monetary penalty for cases of abuse of dominant position, increasing the maximum amount of administrative monetary penalties for deceptive marketing cases, and increasing the maximum fines or terms of imprisonment, or both, for agreements or arrangements between competitors, bid-rigging, criminal false or misleading representations, deceptive telemarketing, deceptive notice of winning a prize, obstruction of Competition Bureau investigations and failure to comply with prohibition orders or production orders;
(e) clarifying that, in proceedings under section 52, 74.01 or 74.02, it is not necessary to establish that false or misleading representations are made to the public in Canada or are made in a place to which the public has access, and clarifying that the “general impression test” applies to all deceptive marketing practices in sections 74.01 and 74.02;
(f) providing that the court may make an order in respect of cases of false or misleading representations to require the person who engaged in the conduct to compensate persons affected by the conduct, and may issue an interim injunction to freeze assets if the Commissioner of Competition intends to ask for such a compensation order; and
(g) introducing a two-stage merger review process for notifiable transactions, increased merger pre-notification thresholds and a reduced merger review limitation period.
Part 13 amends the Investment Canada Act so that the review of an investment will be applied only to the more significant investments. It also amends the Act to allow more information to be made public. This Part also provides for the review of foreign investments in Canada that could threaten national security and allows the Governor in Council to take any measures that the Governor in Council considers advisable to protect national security, such as prohibiting a non-Canadian from implementing an investment.
Part 14 amends the Canada Transportation Act to provide the Governor in Council with flexibility to increase the foreign ownership limit from the existing levels to a maximum of 49%.
Part 15 amends the Air Canada Public Participation Act in relation to the mandatory provisions in the articles of Air Canada regarding constraints imposed on the issue, transfer and ownership of shares. It provides for the repeal of the provisions requiring that the articles of Air Canada contain provisions imposing limits on non-resident share ownership and the repeal of the provisions requiring that the articles of Air Canada contain provisions respecting the enforcement of these constraints.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

March 4, 2009 Passed That the Bill be now read a third time and do pass.
March 4, 2009 Passed That this question be now put.
March 3, 2009 Passed That Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 394.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 383.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 358.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 317.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 445.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 295.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 6.
Feb. 12, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Feb. 12, 2009 Passed That this question be now put.

February 23rd, 2009 / 10:35 a.m.
See context

Pierre Beauchamp Chief Executive Officer, Canadian Real Estate Association

Thank you, Mr. Chairman.

Honourable members, I am Pierre Beauchamp, chief executive officer of the Canadian Real Estate Association. At my side is Allison McLure, legal counsel regarding the Competition Act.

The Canadian Real Estate Association is one of Canada's largest single-industry trade associations, representing more than 97,000 real estate brokers and agents who work through our various real estate boards in Canada, provincial associations, as well as one territorial association.

While strongly in favour of efforts to improve the act, we feel that it is extremely important to ensure that any amendments do not have significant negative and unintended consequences.

The amendments to the Competition Act should be dealt with as a separate bill. The amendments to the Competition Act proposed in Bill C-10 are substantial, and we believe that they deserve to be studied in depth.

In 2008, Mr. Chairman, the competition policy review panel considered amendments to the conspiracy provisions of the act, the introduction of AMPs for abuse of dominance, as well as an increase of AMPs for deceptive marketing practices. Responses to the panel at that time of the panel's report were split, with half of the submissions supporting the amendments and half of the submissions speaking against the amendments. This is hardly a consensus and does not represent justification for including these amendments to the Competition Act in this bill. We propose that they should be divorced from the budget and be dealt with in a separate bill.

With respect to conspiracy provisions amendments, Bill C-10 proposes the creation of a two-track system that would define per se illegal agreements to be prosecuted criminally without a competitive effects screen such as the current “undueness” element in section 45 of the Competition Act. Removing the undue lessening of competition requirement would render the resulting provision overly broad. Without the qualification of “undue”, a very wide range of agreements would fall within the scope of the offence. Surely this is not the intent of the amendments. Unfortunately, though, it is probably a likely result. For example, a real estate broker's office policy regarding commission rates charged by the broker's agents working in the same office may fall under the proposed section 45 even if the broker and his agents do not have market power. The agents and broker could be considered competitors within that same office, and there is no exemption that would clearly apply to an agreement between a principal and his or her agents.

Brokers need to have the ability or the right to set policies on commissions within their own offices with the confidence that they are not violating the law. The new law may force brokers out of business since they will not be able to operate using their existing business models. The increased potential for their agreements to fall under the scope of section 45 and the increased threat of criminal sanctions could result in a chilling effect. We strongly recommend that the current provisions relating to conspiracy be maintained, and we further submit that should this dual-track system be adopted, an exemption should be added to both the criminal provision and the civil provision for agreements between principals and agents in a manner that clearly exempts brokers and their agents.

We believe that the proposed AMPs for abuse of dominance would be punitive in nature, which is not appropriate for conduct that is not inherently anticompetitive, and in fact, is usually procompetitive and efficiency-enhancing.

We do not believe there is any demonstrated need for additional deterrence for the reviewable trade practice provisions. As for increasing the AMPs for deceptive marketing practices to a maximum of $15 million, we feel that the risk of such a large AMP could cause a small-business person to be excessively cautious and therefore less informative in their advertising. Accordingly, the issue of increased AMPs is a significant concern, since the majority of our members, again, own and work for small businesses. As such, we strongly suggest that the amendments regarding AMPs not be accepted, not be adopted. At a minimum, there should be at least a grace period before the AMP sections enter into force.

Thank you, Mr. Chair.

February 23rd, 2009 / 10:25 a.m.
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Geoffrey Grenville-Wood General Counsel, Professional Institute of the Public Service of Canada

Thank you very much, Mr. Chairman.

I'm sure you're all aware of the fact that we're going through a very difficult time. Only this weekend we appointed an acting president, who is present today. I hope you'll take the opportunity to meet with him during the break: Mr. Gary Corbett.

Mr. Chairman, honourable members and ladies and gentlemen, I would first like to introduce to you those appearing on behalf of the Professional Institute of the Public Service of Canada. I am Geoffrey Grenville-Wood, the general counsel for the institute. With me here at the table is Isabelle Roy, legal counsel. Present in the audience is Gary Corbett, interim president of PIPSC.

We are grateful to the committee for offering us the opportunity to present to you our views on the legislation before you, Bill C-10, which is the budget implementation legislation. We are most concerned with parts 10 and 11, the Expenditure Restraint Act and the Public Sector Equitable Compensation Act respectively.

The Professional Institute of the Public Service represents 55,000 professionals across Canada's public sector, the vast majority of whom work in the federal public service. Institute members work in the federal government's departments, agencies, crown corporations, museums, archives, laboratories, research institutes, and field research stations. We represent, among others, the scientists who work for the Canadian Nuclear Safety Commission, the veterinarians who work for the Canadian Food Inspection Agency, the auditors of Canada Revenue Agency, information technology experts in that agency as well, health professionals working for Health Canada, and many other specialists and professionals who, on a daily basis, work to protect and advance the health, safety, and well-being of Canadians from coast to coast to coast.

Our members are directly affected and indeed singled out by Bill C-10, in particular by parts 10 and 11.

We are of the view that the two proposed acts constitute an unwarranted and unnecessary attack on the charter rights of unions representing federal public service employees. Our brief, which has been distributed to all honourable members, presents our analysis and criticisms of the legislation, but let me be clear and unequivocal: these two pieces of proposed legislation represent an unconstitutional interference with the rights of our members and of female public service employees.

The brief sets out in greater detail our reasons for taking this view; however, it is appropriate for honourable members, in our submission, to think about how Parliament can knowingly pass unconstitutional legislation. As our colleague Mr. Gordon said, this proposed legislation will lead to litigation. There is absolutely no doubt about it, and it is going to be long and protracted and difficult litigation. If Parliament is going to pass this bill, it should do so knowing that.

With respect to the proposed Expenditure Restraint Act, let me first state that I'm sure you already know that the process of collective bargaining is now protected by the Charter of Rights and Freedoms. This fact was affirmed by the Supreme Court of Canada in the B.C. Health Services case. Part 10 of Bill C-10 represents an attack on the process of lawful collective bargaining. It will not withstand scrutiny under the charter. In our respectful view, the courts will likely conclude that the proposed legislation ought to be struck down as being an unacceptable interference in the process of collective bargaining.

The Professional Institute urges the committee to carefully reconsider this proposed legislation in light of the constitutional principles laid down by the Supreme Court of Canada, as recently upheld by other courts, including the Court of Appeal for Ontario.

In the light of the constitutional protection for collective bargaining, the charter places limitations on Parliament's power to enact legislation that interferes with collective bargaining. Legislation that has the effect of substantially interfering with the process of collective bargaining is unconstitutional.

In its decision regarding the B. C. health case, the Supreme Court stated the following:

[...] the state must not substantially interfere with the ability of a union to exert meaningful influence over working conditions through a process of collective bargaining conducted in accordance with the duty to bargain in good faith. Thus the employees' right to collective bargaining imposes corresponding duties on the employer. It requires both employer and employees to meet and to bargain in good faith, in the pursuit of a common goal of peaceful and productive accommodation.

There are ample grounds for concluding that this legislation constitutes substantial interference with collective bargaining. I commend you to read our brief, because my time is short here today, and I won't go into that in greater detail.

In other words, and to cut to the bottom line, so to speak, permitting bargaining to continue on non-monetary issues, as this bill proposes, does not give the government a free pass to restrict all collective bargaining on all pay-related issues.

Let me also make it clear to the committee that the International Labour Organization also indicates that such legislation would be inappropriate.

I would like to turn now to part 11, the Equitable Compensation Act. The equity legislation is designed to assist women. When that legislation discriminates against the portion of the group it was designed to help, women working in the federal public service, than that legislation violates the equality guarantee in section 15 of the Canadian Charter of Rights and Freedoms.

The preamble to this bill affirms that women should receive equal pay for work of equal value. In our respectful submission, this is a hollow and cynical promise, for the provisions of the bill are designed to ensure that there is no workable or practical means of attaining this objective.

February 23rd, 2009 / 10:05 a.m.
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John Gordon National President, Public Service Alliance of Canada

Thank you very much, Mr. Chair.

On behalf of the 166,000 members of the Public Service Alliance of Canada, I welcome the opportunity to be here today and provide members of the finance committee with a few observations on Bill C-10, the Budget Implementation Act, 2009.

In our submission we focus on two aspects of Bill C-10, namely, the Expenditure Restraint Act and the Public Sector Equitable Compensation Act. Both are unnecessary and abhorrent.

If adopted, the Expenditure Restraint Act will be the subject of extensive litigation. Given that unfortunate but inevitable circumstance, I'll focus my opening statements on the Public Sector Equitable Compensation Act and why it should be withdrawn from Bill C-10.

Let me be clear: equal pay for work of equal value is not a budget measure but a fundamental human right that is protected by the charter and enforced by the Canadian Human Rights Act. The budget is no place to debate or to trade off human rights enshrined in legislation and in international instruments.

Moreover, as government officials have affirmed, the Public Sector Equitable Compensation Act is not about saving money. Whatever the government motivation was when drafting and introducing the Public Sector Equitable Compensation Act, it is clear that the act has nothing to do with stimulating the economy or with protecting jobs, sectors of the economy, and the unemployed.

While we take the position that the Public Sector Equitable Compensation Act has no place in Bill C-10, we also believe that the federal pay equity legislative framework does need reform.

In this regard, we note that the federal pay equity task force issued a comprehensive report in 2004 on how to improve the current law and make it fairer and more accessible. This report, the culmination of years of consultation with employers, including the federal government, and unions, individuals, and women's groups, should be the starting point for a legislative agenda on equal pay for work of equal value.

In appendices to our submission, we have provided your committee with an analysis of the Public Sector Equitable Compensation Act, as well as a document that compares the Public Sector Equitable Compensation Act and the Ontario and Manitoba pay equity models.

We urge you to review this material carefully, because we have noted that some debate in the House has equated the PSECA and the Ontario and Manitoba pay equity models. Unfortunately, the PSECA bears no resemblance whatsoever to the Ontario or Manitoba legislation.

Before concluding, let me make the point that pay equity legislation is fundamentally important. It is fundamentally important in a society where women earn 70% of what men earn, and, as a human right protected by the charter, it is fundamentally important to all Canadians.

As a union that has championed equal pay for work of equal value for decades, we understand full well that the current system takes too long and is unnecessarily legalistic. Moreover, pay equity has been costly because of the government's refusal to recognize and compensate for paying discriminatory wages to employees in female-dominated occupations.

The PSAC 1984 pay equity complaint against the federal government resulted in 15 years of protracted court and other actions on behalf of the government at the taxpayer's expense. These protracted actions resulted in an obligation to pay $3.2 billion to workers and former workers whose wages were found to be discriminatory all those years.

I'll conclude by saying that the pay equity model articulated in Bill C-10 is flawed beyond redemption. The PSAC strongly recommends that it be withdrawn. At the very least, it should be introduced as a stand-alone bill. That said, our preference is that the government go back to the drawing board and draft a new bill based on recommendations of the pay equity task force.

I thank you for the opportunity to appear.

The House resumed consideration of the motion that Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, be read the second time and referred to a committee, and of the motion that this question be now put.

Business of the HouseOral Questions

February 12th, 2009 / 3:05 p.m.
See context

Prince George—Peace River B.C.

Conservative

Jay Hill ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I welcome those questions from the opposition House leader.

In a few moments we will be voting on the second reading stage of Bill C-10, the budget implementation act. Also, the House will approve supplementary estimates (B).

I would like to take this time to thank all members for their cooperation in accelerating the consideration and approval of supplementary estimates (B) including and especially my cabinet colleagues who responded with little notice to invitations from the various committees to study these estimates.

After the votes, we will continue with the debate on Bill C-4, not-for-profit legislation; followed by Bill C-9, transportation of dangerous goods; Bill C-5, Indian oil and gas; Bill C-11, an act to promote safety and security with respect to human pathogens and toxins; and Bill C-3, Arctic waters. All these bills are at second reading.

Next week is a constituency week when the House will be adjourned.

As the House is also aware President Barack Obama will be visiting Canada next week. Since the House will not be sitting, I would like to take this opportunity, on behalf of all members of the House, to welcome the President to Canada. We hope he has a productive and enjoyable visit here in our nation's capital.

When the House returns from the break, we will continue with the list of business I mentioned earlier and in addition to these bills Tuesday, February 24 and Thursday, February 26 will be designated as opposition days.

Status of WomenOral Questions

February 12th, 2009 / 2:45 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Mr. Speaker, it was his leader, the Prime Minister of this country, who said back in 1998 that the federal government should scrap its ridiculous pay equity law. With Bill C-10, the government is doing exactly that. It is scrapping pay equity.

If the President of the Treasury Board wants to take a page from the Manitoba government, why does he not drop the fines against unions, allow the complaints procedure under the Canadian Human Rights Commission and appoint a pay equity bureau like Manitoba did to help women close the gap once and for all?

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 1:10 p.m.
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Carleton—Mississippi Mills Ontario

Conservative

Gordon O'Connor ConservativeMinister of State and Chief Government Whip

Madam Speaker, I rise on a point of order. There have been consultations and I believe that if you were to seek it, there would be unanimous consent for the division on Bill C-10 to be the first division put to the House at 3 o'clock.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:55 p.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Madam Speaker, I want to thank my colleagues for standing up in opposition in a constructive and critical way. It is important for us as members of Parliament to understand our role, and our role is to be critical when necessary. We are not always critical. We have been constructive in our criticism and have put ideas forward. It is important to make that statement to begin with.

Before I get into the substance of my comments on the budget bill, I want to take a moment to pass on condolences from the Ottawa community and my caucus to the family of Madame Michèle Demers on her sudden and tragic death. Madame Demers was the president of the Professional Institute of the Public Service of Canada. She was a leader not only of her union and for the people she worked for, but also for the Ottawa community. We are saddened today for her family and quite frankly for the labour movement. I had the opportunity to meet with Ms. Demers on many occasions. She was always clear in her convictions about what she was doing and served her members well. We will all miss her greatly.

If we look at the trajectory of the budget, we have to look at the fiscal update, of course. Three components in the fiscal update were obviously not satisfactory to all members of Parliament, save the government. Included in the fiscal update was the well-known political financing issue. My colleague spoke of poison pills. The political financing issue was a large dose of poison.

However, that was not the focus for us in the NDP. We focused on the fact that the government wanted to ban the right to strike by public servants the day after it had just negotiated a contract with one of the public service unions.

In both the economic statement and Bill C-10 the government wants to take away the right of women to have pay equity. It also wants to take away the right to challenge if they do not receive equal pay for work of equal value.

In the fiscal update there was also a $10 billion assumption. It was a whopper. It was that the government was going to find savings in government operations by selling off enough assets to gain $10 billion.

In his own comments, the finance minister admitted that his numbers were a bit rosy. We will have to give him the new nickname of “Rosy”. Actually, I think “Rosy” is being polite.

Every single economist who looked at that $10 billion assumption, and this is especially for our friends who used to be reformers, thought it had no credibility. The finance minister was also criticized by the government's own parliamentary budget officer. The Conservative government pretends that it knows how to manage a lemonade stand, but it has a $10 billion assumption that was laughed at from every corner.

The government grabbed onto power and prorogued the House. Then it did a Hail Mary pass, which is the budget. The Hail Mary pass is sadly being caught by the official opposition, as those members like to call themselves.

The rosy $10 billion number from our rosy Minister of Finance came back in the budget in front of us as $8.7 billion. The government has managed to figure out some of the math. However, the government forgot to tell us where the money is going to come from.

This year in the budget--and I say this to all those who purport to be fiscal conservatives, be they in the official opposition or be they on the government benches--the government is going to get $4 billion from the sale of government assets and from finding government savings.

We all know what the game is. The game is that the Conservatives are going to have to do one of three things: increase the deficit, not spend the stimulus or have a fire sale of government assets in a buyer's market. Does anyone find that credible? I certainly do not. That is what bothers me most about this budget.

My colleagues have underlined the importance of looking at what this does for people, and I applaud that. It does not do much for people. What gets me more than anything are the assumptions made and the rhetoric put forward by a government that pretends it actually knows what it is doing when it comes to managing the nation's finances.

I will give another example. A couple of years ago the government said, and I go back to its assumptions in this budget, that it was going to find $2 billion through savings in government operations and through selling off assets. It was going to find $2 billion that was booked by the previous government, I might add, in government operations.

What it did was a real whopper. It hired a consulting company by the name of A.T. Kearney out of Chicago. The company has a branch office in Toronto. The consultant racked up a bill, and I know my friends know this one well, of not $1 million, not $2 million, not $10 million, not $15 million, not $20 million, but $24 million. Does anyone know what the government got for it? It got zero.

Public works had the blessing of the cabinet. The former minister of foreign affairs is nodding and smiling. He knows it well. The government got shaken down for $24 million by A.T. Kearney. The problem is that we were shaken down.

One member looks as if he does not know what this is about. He should look it up. I am going to send it to him, actually, because he is a minister now in cabinet. He is walking away now, and he should. He is hanging his head in shame, I hope. A sum of $24 million was spent, and we received zero value for the money.

These are the people who are now responsible for bringing us out of the recession. God help us all. What we need right now are people who understand how finances work. That is why I will not only be opposing this budget, but doing so vigorously and with clarity.

The government wants us to believe it has the best interests of the country in mind. When a government signs on for a $24 million contract with a consulting company from Chicago and gets zero value for the money, I am sorry, but I do not trust it, my constituents do not trust it and neither should anyone in the House, including its own members.

In the time I have remaining, I want to talk about some solutions.

It is interesting to note that south of the border there is an entirely different situation. There are people who actually listen to those who want to pull us out of the recession by investing in people and communities. One of the most exciting things happening south of the border is the green collar momentum. It is a move toward taking us from this economic recession and transforming our economy to one that is not only environmentally sound but also sustainable.

One of the alliances is different from the alliance we see in the House. It is called the Blue Green Alliance, an alliance in which labour and those pushing for environmental change have come together. They have said they need to come together to provide stimuli and solutions for the economy. We see this being applauded, lauded and supported by the federal government in the states.

My final comment is that instead of paying $24 million for bogus reports, we should be investing in blue-green alliance solutions similar to those we see south of the border. That is what this party will be doing, it is what we will be advancing and it is why we will not be supporting this budget.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:40 p.m.
See context

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I would like to speak today to Bill C-10, the budget implementation bill, and make some comments about the current situation of the government.

The government has introduced a budget that contains a lot of the stimulus package and ideas that were promoted by the opposition. However, at the end of the day, we have no confidence that this budget will ever see the light of day in terms of implementation. Budgets get passed all the time but governments will underspend budgets. One member was heard to say recently that we are confident that the recession will end, that we will start coming out of the recession within three months and that we will not need to spend a lot of this money.

That is why, fundamentally, we cannot trust or believe the government. It is a Jekyll and Hyde sort of government. The sweater comes on during the election campaign and then, of course, it comes off. Now, I think it is back on again. Some of the members, such as the President of the Treasury Board, have not figured out yet that it is sweater time again. I want to take a few minutes to explain what I mean by that.

In my riding in Winnipeg, we have a serious situation where a freeway and two bridges will be closed for a year and a half, inconveniencing about 200,000 people. For whatever reason, the mayor has decided to punish that quadrant of the city by refusing to stop the closure by allowing two extra lanes to be built. These two extra lanes are envisioned to be built by the city in the next 20 years anyway. In fact, they have been costed out at around $50 million. This has been an issue for almost a year now. When I spoke to the President of the Treasury Board about this, he was really surprised. Given all the publicity on this issue, he felt that the problem could be solved if he could just get the parties together and do a cost-share on the extra two lanes, split into thirds. The federal share might then only be $17 million. He agreed that he would try to get the parties together to do that.

That was back in the early part of November. I have followed up with him since and he told me that he had talked to them but new infrastructure money could not be applied to an existing project. Any project that was on the city of Winnipeg list would be excluded because it was already being dealt with. The issue then became how we would consider this project. I suggested to him that it would be a separate project. The first project had already been approved and it was a triple P, a totally different concept. This should be conventionally financed and they should find a way to do it under infrastructure money. We all remember the shovel-ready talk that this should be done because the city already owns the land.

I have had occasion to speak to the minister a couple of times over the last couple of weeks. On the first occasion, he said that I had better vote for the budget because there would be consequences if I did not. I just attributed that to him having a bad hair day and I let it slide. About a week later, I had another conversation with him. I asked him the same question and he repeated the same thing. He said that I should vote for the budget or there would be consequences. He kept referring to consequences. I do not think that is a good approach. He is out of sync with the Prime Minister because the Prime Minister is back to the sweaters. This minister should get on side and be a little warmer and friendlier.

In the Manitoba provincial legislature, I sat beside the highways minister. This is nothing new. It has been going on forever, regardless of the party that is in power. Conservative and opposition members, who sometimes ask very good, tough questions of the government, would come up after question period and talk to the highways minister, who was sitting right beside me, and ask about the bridges and roads that needed rebuilding in their areas. We need to be able to separate these things. We did not get all excited because the guy had voted against the budget. Of course he had. He was a Conservative in opposition and that was his role. He was supposed to be voting against the budget. He was doing his job by opposing the government and pointing out things the government should be doing.

However, we never held it against the member because he voted against the budget by not giving him his road. What kind of nonsense is that?

Let us flip it back. When we were in opposition, the same thing applied. We would ask the Conservative minister of highways a tough question about something to do with roads and a few minutes later we would cross the floor, have a chat with him and he would give us the answers. That is just the way things operate.

All I have tried to do is to get these parties together. However, we have a stubborn mayor who refuses to listen to over 5,000 people have responded to my surveys. It is not as if there are people opposed to this. Ninety-seven percent of the people are in favour of providing the two extra lanes.

Do members know that last June the Prime Minister announced $70 million, which is a third of the money, would go toward a bridge in Saskatoon? That bridge in Saskatoon carries only 21,000 cars a day. Our Winnipeg bridge, which is 50 years old and falling apart, carries twice as many. It carries 40,000 cars a day and the mayor says, no, that the city will wait the 20 years to add the extra two lanes and the 200,000 people up in that quadrant can just suffer.

I want to make it very clear that it is not the minister's fault that this has happened. I do applaud him for trying to take a leadership role in this, but he should follow through. He should try to convince the mayor that there is money available for these extra two lanes, that if he will put in his third, which he seemed very agreeable to do in the beginning, then we could continue this project and get it done. However, he seems to now have double-shifted back and is saying that it is all contingent upon how we voted for the budget, which is just not the way to do it.

The Conservatives have a new-found alliance with the Liberals but they have to be pretty confident that will last. As the leader keeps moving up in the polls, the Liberals may not pass that big report card the Conservatives need to answer to in a few months.

One would think the Conservatives would get those sweaters back on and be a little extra friendly with all the members over here in the opposition because, guess what, they might need our help some day.

In any event, I would once again appeal to the minister to find a way to get the infrastructure money out to deal with this issue that we are talking about in Manitoba.

We talked yesterday to the municipal people who told us that the infrastructure money was really not there for bridges anyway. They said that it was for shovel-ready projects that had to be finished within two years. They have a list of projects that might apply and those are basically renovations. If a community centre needs a little bit of renovating and it can be done in two years without any environmental assessment, then that is the project that will be funded.

Why, in this omnibus bill, is there a provision dealing with environmental assessments? Just what kind of environmental projects do the Conservatives think will qualify under their rules for the infrastructure money? The answer is, none. There are no environmental projects that will apply here because they will not be able to get their assessment done in time to get the project done in the two year allotment.

Once again, I made the argument about the two lanes. I said that because we already had the land, we probably would not need an assessment because it was already in the plans. I said that this project should be considered as a separate one-off project to avoid people suffering an inconvenience. It is not only me who will be inconvenienced. The member has a colleague from Kildonan—St. Paul who is also in the affected area. Conservative councillors in the area are all in favour. Every elected official, at all levels, is in interested in solving this problem. It is simply the mayor of Winnipeg who is the intransigent one in this particular project.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:25 p.m.
See context

NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, speaking of comical, it is the glib response that we saw from the Conservatives when they saw the storm clouds coming, everyone saw this technical, this synchronized recession or whatever the words were that they used, they saw it coming for a long time. What did they do throughout that period? They stripped the fiscal capacity of the country to respond.

They were coming with one tax break after another, which were absolutely useless tax breaks in terms of GST, stripping the country's capacity to be ready at a time of crisis. But that speaks very much to the typical attitude of the neo-conservatives, the attitude of what we saw in the United States, and what we saw in Europe. They created this situation that we are in now.

We are dealing now with the government's response. It is supposed to be 500 pages of economic stimulus. However, the government in November told us that we had missed the recession and the recession was past, then Conservative backbenchers said they had already done their economic stimulus the year before. That was their tax cuts and in fact they were so smart they were ahead of the economic stimulus package. Then, of course, we found out that 130,000 jobs were lost in January and 250,000 since they were making such glib comments. Now they have settled down their tone somewhat.

However, within Bill C-10 we see the real direction of the Conservatives. They are not all that interested in an economic stimulus. They are looking to create the old Reform Party pinata. If we smash this like a pinata, we will find all the ugly little slugs of the Reform ideology start to fall out, for example, their attack on the human rights code. It is right there. What does it have to do with budget implementation? Zero, but the attack on the human rights code is laid out. The attack on environmental protection, the Navigable Waters Protection Act, is in there. What does that have to do with economic stimulus? Zero.

The attack on student loans is absolutely appalling. We have student debt that is crushing middle class families across Canada and yet we see the government adding brass knuckles in its budget implementation bill to attack students who are suffering from student loans. What does that have to do with economic stimulus? Absolutely zero.

Then of course we see the move to strip Canada's foreign investment rules. What does that have to do with economic stimulus? A great deal, if one is a foreign corporate raider and dealing with a Canadian company that is on weak legs, the government has just made it easier.

Let us put all of this in the context of the times. Right now we have the situation of Xstrata in Sudbury, an absolute debacle in the community. It has hit the region like an economic neutron bomb, but it is not just an isolated plant closing. This is the result of the twin pillars of Conservative ideology, which are indifference and incompetence, in addressing the economy.

Let us back up two years to the former industry minister. Some day it will be a Trivial Pursuit question to ask: who was the minister at the time when we lost the two great mining giants of Canada overnight?

I am sure many of the listeners back home will be wondering. I will give two clues: Julie Couillard, the whole “Mom” Boucher thing. That famous member. He was the industry minister. At that time Falconbridge and Inco were attempting to get a merger so that we could make the synergies of the industrial basin of Sudbury actually come together. Inco was having problems with its regulatory approvals and the industry committee, not just the New Democrats but the industry committee said, “Hold off on the hostile takeover by the corporate raider Xstrata until we can ensure that at least there is another bid on the table”. It was not to say, force Falconbridge to marry Inco, but to give Canadian companies the chance because they were being held up by international regulatory approvals.

The minister did nothing because it was not the role of the Conservatives to be involved in the economy in any way unless it was to sell off the great assets of Canada. Therefore, overnight we lost the twin jewels of Canadian money. Falconbridge went to Xstrata and Inco went to Vale of Brazil. We lost the synergies in the Sudbury basin.

At the time there were guffaws from the government side because it was the good times. In good times any idiotic company can make money. That is not a problem. In good times no one is worried about who is paying the bills but the question we asked again and again is what happens when the bust comes? What happens when the bust comes because nickel mining is cyclical? Now the bust has come. The only thing that the people of Sudbury had to protect them was an assurance by the government that a contract had been written to say that Xstrata would agree, in exchange for taking one of the key assets of the Canadian mining industry, that there would be three years without layoffs.

We have not even reached the three years. Now we have heard the industry minister claim, “Oh, don't worry, I stepped up to the floor and got Xstrata to offer some new money”. That is a lark. That money was on the books from Xstrata because it is simply moving ahead with what it planned all along.

If anyone knows nickel mining in Sudbury they will say at $5 a pound, nickel can be mined profitably. Nickel is about $5 a pound. What Xstrata is doing, as part of its corporate plan along, is to move away from the lower grade deposits, move to the nickel rim mine which is a phenomenally rich mine, which will allow it to continue to high grade the assets. Officials knew that if they simply ignored the agreement that they had a toothless, indifferent and incompetent government on the other side of the floor that would do nothing to make them stand up to the signed agreement with the Canadian people. That is exactly what happened.

For the people of Sudbury and all of the northern Ontario economy, the loss of 700 jobs is going to have an impact with long-term implications because anyone who has less than eight years seniority is gone. So sure they will be getting the bus ticket to Fort McMurray, but we are losing the new generation of miners. We are seeing families who do not have this extra six months. Whatever payout they get they are going to have to spend it and lose it before they ever get employment insurance.

In the 500 pages and all the talk we have heard from the Conservative Party, there is not a single provision anywhere in the budget for one extra family in Canada to be allowed access to employment insurance. Nothing. That has profound implications because Canadians pay into these systems. They believe, because they are working, that they do not have to worry about it, that if things go wrong that their government has a system in place.

The surprising fact for the people of Sudbury, Abitibi, and for the people all across my region, is that they have come to realize that the government has complete indifference toward those who are falling through the cracks. The only model applied for employment insurance is the Minister of Human Resources saying that the government did not want the benefits to be lucrative because it wanted to ensure that a hungry belly would ensure that people would get up off the couch and went looking for a job. That is absolutely intolerable.

It is intolerable that we have an indifferent government that has allowed such key resources, such as Falconbridge deposits, to be so cavalierly wasted. It is appalling that we have a government that will not make this foreign corporate raider stand up to the commitments that it made to the Canadian people when it acquired Falconbridge in the first place.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:25 p.m.
See context

NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, I am very proud to rise on the issue of Bill C-10 and its implementation.

The context in which we have to discuss this issue today is the root causes of how we came to this international economic catastrophe, how the Conservatives completely failed to understand the implications, and the implications of what they are doing now on the long term, because they all fit together in a very straightforward pattern.

I am sure members will remember the glib comments we heard from the other side of how we avoided a recession. When we saw the U.S. housing market collapse, there was a belief from Mr. Magoo of finance that Canada would not be in any way impacted by a downturn in the United States, even though that has never, ever happened--

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:20 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

I think within the context, Madam Speaker, it was not unparliamentary, but I will go on to other items.

There could have been so many other things in the budget as opposed to trying to hide things. We have heard about the Navigable Waters Protection Act, the attack on the environmental movement, and all of what we have accomplished so far being undermined by that.

When I read that part of Bill C-10, the budget implementation bill, it immediately brought back a conversation I had with a public servant at the municipal level in my riding when I was doing the prebudget consultation work. I asked to be provided with a list of all the projects available if we could get a decent stimulus program going. I specifically asked whether these projects were ready to go, including if they needed an environmental assessment and if it had been done. He said to me in response, “Every single one of these has had an environmental assessment, if it is needed”. That is true generally with municipal projects across the country. Therefore, this provision is absolutely unnecessary. It is simply an attack.

I want to conclude by saying there is so much hypocrisy and ideology in this bill. The bottom line is there is not going to be an effective mechanism to stimulate the economy.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:10 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Madam Speaker, I rise proudly today to oppose Bill C-10, the budget implementation bill.

It is quite interesting when one does a quick analysis of what has happened since the financial crisis hit, which is a huge indictment of a capitalist system run amok and now attempts are being made to salvage it by bills like this one and other attempts by other right-wing governments around the globe. It is so symptomatic of how the crisis came about. It was based hugely on greed, incompetence and corruption, particularly in the United States, but its tentacles have spread right across the globe. Because we in Canada are so integrated, part of the globalization formula which both major political parties in this country have advocated for so long, we got caught in the crisis and we are going to get caught in it even more. In spite of the Bank of Canada's prognostications, the reality is we have not hit bottom and we are still some distance from hitting bottom based on the way our economic system works.

We saw the government, both during the election and even more so after, continue to be in complete denial of the crisis we were faced with. That has not ended. The budget is a continuation of the government's psychological bent of refusing to recognize reality. It is living in a fantasy world and the budget reflects it.

It also reflects a good deal of cynicism on the part of the government. It follows the same pattern the Prime Minister personally has followed for so long in taking every opportunity to push his ideological right-wing agenda. We see it in this bill in so many ways. It is a continuation of his broken promises, as we have just heard from my colleague, whether it was in appointing people to the unelected Senate, which he promised so vehemently he would never do, or whether it was calling the election in the fall. I remember watching him a number of times give speeches in advance of making that decision, and in advance of fixing the dates for elections in this country, a policy our party has supported for a long time, and the vehemence with which he spoke, and then watching him breach that promise so easily at the first possible opportunity to pursue his own personal objective of trying to get a majority government. We see that continued in the budget.

The Prime Minister stood in this House and he stood before the cameras of all our TV channels, all of our media, and said that he was going to change, that he was going to stop having every single item, no matter how important, be a confidence vote. He was not going to do that anymore.

Then what do we see in Bill C-10? Buried in this bill, which of course is a confidence vote since it is the budget implementation bill, there are at least half a dozen items that have nothing to do with the budget. They are policy issues in a number of different ways, but they are items that the Prime Minister wants from an ideological standpoint. Whether it is attacking the labour movement in this country, or whether it is attacking women over pay equity, he has buried a whole bunch of provisions in this bill, which is now going to be a confidence vote, which compels the so-called official opposition to support it, given the pledges it has made.

This bill is going to go through at some point, unless the Liberals finally come to their senses and maybe stand on principle, but that seems to be a contradiction in terms when we are talking about the Liberal Party. Unless that happens, a bunch of bills will go through the House comprised in Bill C-10, which should not be confidence votes and we should be allowed to vote on those bills without that hanging over our heads. I do not think there is anything more offensive and I say that personally.

I remember watching the finance minister speak about pay equity in his November financial update. In terms of the tone, the words he used and even his body language, I was offended by the vehemence with which he was attacking women and the movement around pay equity that has gone on for decades and still has not completely resolved itself. Then at the next opportunity the government almost hides it in Bill C-10.

We listen to the President of the Treasury Board try to justify it by, quite frankly, as my colleague from Winnipeg said, misleading the House about the provisions in provincial legislation and claiming it is the same. It is not. It is nowhere close. The epitome of it is the government is saying it will get done through collective bargaining. It was interesting to hear my eloquent friend from Newfoundland and Labrador point out that human rights are not bargained. It is either a human right or it is not and it is not bargained. That is what the government is doing in trying to lead us to believe that is the mechanism it is going to use.

To put the lie to that, one only has to read the bill, and I invite the Conservatives to do that to understand what is really in it, if collective bargaining does not work and a number of women say they did not get their pay equity and they want to pursue it, there is a mechanism to pursue it, but their union, their organized support mechanism, cannot help them. In fact, if it tries to help them, it will be fined $50,000. For every incident it will be fined $50,000 for doing what it should be doing in terms of its responsibility vis-à-vis its membership. If that does not put a lie to the real intent of the government, I do not know what would.

Madam Speaker, are you signalling that my time is up?

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 11:35 a.m.
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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am rising to join in the debate on Bill C-10, the act to implement the budget measures. For the public who are watching this, I am holding up a copy of the bill, which is about an inch thick. The bill was tabled in the House a number of days ago, I believe on February 6, and it contains some 500 pages of measures that are used to implement the budget and amend a whole series of acts. Also contained in these measures, as the previous speaker just indicated, not just budgetary measures, but measures that are designed to change public policy in important areas.

I will use a couple of examples referred to earlier in the debate as poison pills as part of the budget. One example is the change to pay equity. Pay equity, as we know, is an important human right. The importance of equality of men and women is recognized in our Charter of Rights and Freedoms. It is also recognized in the Canadian human rights code and the Canadian Human Rights Commission has been a vehicle for the achievement and the definition of those rights in this country for many years.

It is important to understand what the government has done. The Conservatives said that these rights were no longer subject to review, adjudication and enforcement by the Canadian Human Rights Commission but that they must be done through collective bargaining. Now that sounds on the surface reasonable, but I practised labour law for in excess of 25 years in this country and I will give a bargaining 101. Bargaining 101 is when one side puts its proposals on the table and the other side puts its proposals on the table and then both sides negotiate. Since when did human rights become negotiable? In every set of bargaining, people put their wants and their demands on the table, which could be 5, 10 or 12. They might want a pay increase, more holidays and so on, but now they are asking for equality too. The other side agrees but wants to know what the people will give up to get equality. The answer should be “nothing” because people are entitled to equality as a human right as recognized in the Canadian human rights code and embodied in our Charter of Rights and Freedoms.

However, the government has now made that a subject of negotiation. In the public sector there are men and women. The men are being told that if they want equal rights for women, then they must give up something in terms of pay, in terms of vacation or in terms of benefits. What are we doing here? Are we setting up a conflict between men and women in the public sector? Is that what the government wants?

February 12th, 2009 / 11:30 a.m.
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Liberal

The Chair Liberal Derek Lee

We clearly need a meeting on this, although not our next meeting. Let's give Bill C-10 an opportunity to get through the finance committee. It's also worth noting that there are spending authorizations in the current fiscal year that involve infrastructure investments that haven't gone through yet. I don't know the total, but it's a billion or two. That money is kind of going through the system, and Mr. Martin's questions about stimulus spending could apply just as much to that currently authorized money as to the Bill C-10 stimulus money.

So I suggest we have a meeting on this about the middle of March, give or take a week. The clerk is suggesting March 10 or 12, if that's acceptable. We'll firm it up later. Is that okay, or do you want something more precise?