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.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 12:25 p.m.
See context

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am pleased to participate in the debate on Bill C-10, the budget implementation bill. I want to say a few words in support of the Bloc Québécois' proposal to delete clauses 380 to 392. These clauses relate to the Conservative government's unilateral decision to amend the equalization formula as it was previously amended. What we have to do now is maintain the status quo.

If clauses 383 to 392 remain in Bill C-10, Quebec will lose almost $1 billion in the 2009-10 fiscal year. At a time when the economic situation is affecting Quebec's tax revenues, the $1 billion shortfall will have very serious effects on the Government of Quebec's ability to fulfill its obligations in terms of health, education and social solidarity.

We hope that all of the Quebec members will do the right thing for Quebec by supporting the Bloc Québécois' amendments. If Quebec members from any of the other parties decide to support Bill C-10 as written, they will be doing a poor job of representing Quebec's interests and will be acting against the National Assembly's decisions. As everyone knows, in mid-January, the National Assembly unanimously passed a motion demanding that the federal government respect the current equalization formula, among other things.

On March 19, 2007, which was just months, not centuries ago, Canada's Prime Minister wrote to the Premier of Quebec, Jean Charest, and made a number of promises that Bill C-10 does not keep, particularly with respect to the issues addressed in clauses 383 to 392. I would like to read an excerpt from his letter. At the end of the first paragraph, the Conservative Prime Minister wrote to his Quebec counterpart:

Budget 2006 reaffirmed this commitment, and launched a dialogue with provincial and territorial governments, experts and Canadians on how to return federal transfers to a principled, predictable and formula-driven basis after two years of one-off deals.

At the end of the Liberal regime under Mr. Martin, patchwork changes were made to equalization. In his letter, the Conservative Prime Minister indicated that there will no longer be any one-off agreements, and that principles and a formula will be used to ensure stable transfer payments. There is no denying that Bill C-10, particularly clauses 380 to 392 relating to equalization, does not respect this commitment made by the Prime Minister of Canada. In the second paragraph of that letter, we read:

All governments will have principled, predictable and long-term support for their key responsibilities.

Once again we see that Bill C-10 flies in the face of the Conservative Prime Minister's commitments. The Minister of Finance tried to tell us that the information was made public during the finance ministers' conference last fall. Ms. Jérôme-Forget, who is not a sovereignist—and I am not convinced she votes for the Bloc Québécois—is the Liberal finance minister in Quebec and cares very much about Quebec's interests. She has clearly said that the information was not communicated at that meeting.

I would like to point out that the Conservative government is in the midst of reaching a parallel agreement with Nova Scotia based on the fact that it had not been informed of the changes to equalization and the impact this would have on transfers to that province. During that meeting of finance ministers, Ms. Jérôme-Forget, and I have no reason not to believe her, very clearly told the federal Conservative government and the Minister of Finance that the information had not been made available.

There was no indication that the amount of the shortfall would be as high as we are talking about now, that is, $1 billion.

I would point out that the essence of clauses 383 to 392 limits the amount to which each province will be entitled. That is a significant constraint of itself. In addition, the government is amending the formula for calculating equalization payments, which, in our opinion was unsatisfactory. I would point out that the government included only 50% of royalties or other forms of revenue related to natural resources, which, to our mind, was totally insufficient. If the government wants equalization to play the role it was created for and enshrined in the Canadian Constitution, all revenues from natural resources must be taken into account. In our opinion, the formula was already a hybrid, as it took into account only half of these revenues. We continue to believe that all revenue must be taken into account in order to establish the real level of equalization and transfer payments to which Quebec and the other provinces are entitled.

If we go back further, the equalization formula and stable principles for it to be determined on were part of a series of demands the Conservative government failed to meet. Despite what the Prime Minister, Conservative MPs from Quebec and the Minister of Finance say, it is incorrect to say that the fiscal imbalance has been resolved. On this point, there is consensus in the Quebec National Assembly and in Quebec. The fiscal imbalance has not been resolved.

For it to be resolved, the levels of transfer payments for social programs such as health care, post-secondary education and social solidarity would have to be returned to 1994-95 levels, just before the Minister of Finance, Paul Martin at the time, began his unilateral cuts and began shovelling his financial problems into the yards of the provinces and Quebec. That is why there is still an $820 million shortfall in Quebec in transfers for post-secondary education. Canada-wide, the figure is $3.2 billion. Efforts were made in the past for health care, but, in the case of post-secondary education programs, we remain at the 1994-95 levels. That is unacceptable.

Once the levels have been restored, we want the federal government and the Government of Quebec to negotiate equivalent transfers of tax room to Quebec. It is very clear, as we can see today with Bill C-10, that federal transfers to Quebec and the provinces are still subject to federal arbitrariness. The only way to make sure that Quebec has the financial autonomy it needs to discharge its responsibilities, even within the Canadian federation, is to transfer tax room to Quebec, as has been done in the past.

Under Lester B. Pearson, the transfer made at the request of Jean Lesage made the Quiet Revolution possible and allowed Quebec to catch up. There was also a transfer in 1977 under René Lévesque. Whether you are a federalist or a sovereigntist, when you work for Quebec's interests, you get results. The transfer made in 1977 was essentially for health care.

What we are asking for is not new, but for these transfers to take place, the government must restore the 1994-95 levels, then negotiate with Quebec to transfer the tax room these transfers represent.

There is still another problem: the Conservative government had promised on two or three separate occasions to address the issue of the federal spending power. It is very clear to us that what is needed is not to restrict or limit the federal spending power, but to eliminate it. The only way to do this is to give Quebec and any province that so desires the chance to opt out of any federal program put in place in the jurisdictions of the provinces and Quebec, with full compensation and no strings attached. We are still waiting for the bill, but I seriously doubt that we will ever see it. If the government cannot keep its word on equalization and the formula it put in place barely a year and half ago, when it promised that equalization would be guaranteed for the long term, I would be very surprised if it kept its promise on the federal spending power, when it has not even begun creating the conditions to fulfill it.

This is regrettable. Once again, I invite all the members of this House to vote in favour of deleting clauses 383 to 392.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 11:30 a.m.
See context

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Madam Speaker, I am pleased to rise on behalf of the Bloc Québécois to speak to a motion moved by our party, calling for the deletion of clauses 383 to 392 of Bill C-10. Those clauses would amend the Federal-Provincial Fiscal Arrangements Act, in other words, equalization. Bill C-10, the budget implementation bill, includes a change to the formula for calculating equalization. Under the new formula, Quebec's increase in equalization payments will be cut. This change will deprive Quebec of $1 billion in equalization payments in 2009-10. In these tough economic times, a billion dollars less in Quebec's coffers is a very significant loss.

The Bloc Québécois has led the fight in this House, on behalf of Quebeckers, against the fiscal imbalance between Ottawa and the provinces. The partial correction authorized by the federal government—as a result of the Bloc Québécois' efforts—involved changing the formula for calculating equalization. The federal government, supported by the Liberals, has unilaterally decided to deprive Quebec of $1 billion.

I had the opportunity to read the letter written by Quebec's Minister of Finance to the federal Minister of Finance. Ms. Jérôme-Forget—I will mention in passing that she is not in our political camp—wrote this letter on January 21, 2009. This demonstrates the importance of the Bloc Québécois in defending the interests of Quebeckers. I will read the beginning of her letter:

Dear colleague,

In recent days, authorities of the federal government, among them yourself and emissaries from your government, have said that all the relevant information on the changes you are considering for equalization were communicated at the federal-provincial meeting of Finance Ministers in Toronto last November 3.

That is incorrect. Allow me to set the record straight.

When such remarks are made by the Quebec Minister of Finance, all Quebec members in this House, whether Conservative or Liberal, should sit up and listen, as we have done. For the past few months, the federal government has kept us in the dark. It says that the provinces were aware of the changes to the equalization formula and that it was not a unilateral move, even though it was. Once again this is a unilateral change. The federal government is again avoiding settling the fiscal imbalance. It will deprive Quebec of $1 billion. I will come back to this letter.

It is important to understand. All too often, people wonder why the Bloc Québécois rises so often in this place to defend the interests of Quebeckers. It is simply because the federal government does not keep its word. Its failure to do so will cost Quebec $1 billion in 2009-10. That is quite significant.

Equalization is not unique to Canada. It is part of this confederation—we no longer know if it is a confederation or a federation. However, one thing is certain, equalization in Canada and in other countries such as Germany, Switzerland, Australia, India, Pakistan and South Africa, has a similar purpose. The United Kingdom also has an equalization system that takes into account the special needs of Scotland, Wales and Northern Ireland. This system results in a better division of wealth within a confederation or a federation. It ensures that the poorest provinces receive a contribution from the confederation or federation. Equalization helps to balance the finances of the provinces with weaker economies.

It gives us no pleasure to defend equalization. I would prefer that Quebec not have to benefit from the equalization system.That would mean that Quebeckers are better off than those in other provinces, which is not the case.

When we are told that Quebec is the spoiled child of the federation, that is obviously a myth, and I will give examples to prove it. Let us look at the amount paid per capita in 2008-09 under equalization: Quebec, $1,037; Nova Scotia, $1,679; Manitoba, $1,732; Newfoundland and Labrador, $1,781; New Brunswick, $2,111 and Prince Edward Island, $2,310. Once again, the equalization system is not equal in terms of the money received per capita in the provinces. This is why Quebec has been asking, for a number of years, that the equalization formula be recalculated in order to correct the fiscal imbalance. If a province is receiving equalization because it is not as rich as the other provinces, the amount should be more or less the same per capita. We are trying to restore this balance.

The Conservative Party has made economic mistakes. I think that reducing the GST was a mistake. Tax payers see very little gain, and it also deprives the federal government of $14 billion. When the government saw an economic crisis on the horizon, it did as it always has, cut transfers to provinces. That is the reality. Quebec will lose out on $1 billion in 2009-10.

Quebec's minister of finance referred to the new formula in the January 21, 2009, letter. In the concluding paragraphs of her letter, she said:

I also want to raise a matter of first importance for Quebec that was raised by the Premier of Quebec at the meeting of First Ministers last January 16.

On November 14, 2008, your officials advised their provincial counterparts that changes to the equalization regulations were under consideration. These changes were announced in the Canada Gazette on December 24, 2008. One of them concerns a change to the treatment of dividends paid by Hydro One to the government of Ontario. The federal government has decided to consider this source of revenue under the corporate tax base rather than the natural resources base.

The argument made by your department is that this enterprise transmits and distributes electricity, but does not produce it.

Clearly, that is important. The minister added:

However, all the dividends paid by Hydro-Québec to the Quebec government remain included in the natural resources base, even if a good portion of these dividends results, as is the case with Hydro One, from electricity transmission and distribution activities.

Once again, this would deprive Quebec of an additional $250 million. By changing the formula, the Conservative government decided to penalize Quebec yet again to the tune of $250 million.

I am worried because, once again, the Conservatives and the Liberals, political parties that have elected members from Quebec, are attacking Quebec. That is the harsh reality in this House. People are always trying to put Quebec down. As if by some unwritten rule, Ontario gets better treatment for Hydro One, and Quebec gets penalized. This will add to the fiscal imbalance that Quebec has to live with as part of this federation or confederation—no matter what people call it, nobody knows exactly what kind of arrangement it is supposed to be.

That is why, in election after election, Quebeckers have put their faith in Bloc Québécois members to raise these issues in the House of Commons and propose amendments, just as we have done with Bill C-10. We hope that all of the Quebec members in the House will stand up and vote for Motions Nos. 43 to 52, as proposed by the Bloc Québécois.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 11:20 a.m.
See context

NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Madam Speaker, this is just about my last opportunity to try to convince my colleagues in the Liberal Party to change their minds about a fundamental human right which is at stake in this budget implementation bill.

We are at a minute to midnight. We are on the verge of losing a fundamental human right in this country, a right that is entrenched in the Charter of Human Rights and Freedoms, that gives women the ability, the right, to seek justice when they are being denied equal pay for work of equal value. The budget implementation bill, Bill C-10, takes away that right.

I may have been very emotional at times in the debate, and I may still be emotional in this last chance to speak on the bill, or one of the last chances, but I hope with all of my heart that I can somehow convince the Liberals that this is a fundamental human rights issue that has to be stopped dead in its tracks today.

We owe it to the women who have struggled before us. This has been a part of the women's movement for 30 or 40 years. I go back to the mid-seventies, when the National Action Committee on the Status of Women, Women and the Law, advisory councils on the status of women, and women everywhere in the labour movement, at the community level, fought with everything they had to get recognized in the true meaning of equality, which is to be paid according to one's worth.

That is what equal pay for work of equal value is all about. It is about recognizing that if we really believe in equality, we have to address the issue of job ghettos, we have to recognize that men have traditionally been in job categories where they are considered invaluable to their business, to their organization, and are paid accordingly and paid very well.

Whereas women traditionally have been placed in job ghettos, and although they may be performing work of the same value as the men, as their counterparts in other organizations, they are paid far less. They are treated as second class citizens. They are still treated as second class citizens. They are not paid according to their worth, and that is what is at stake: pay equity. It is equal pay for work of equal value. It is not equal pay for equal work, which is comparing exactly the same job, which does nothing to get women out of job ghettos and does nothing to ensure that we eliminate the wage gap in this country.

We owe it to women who have fought before us for this, and I want today to pay special tribute to Michèle Demers, who was the head of the Professional Institute of the Public Service. She died tragically recently and we mourned her loss. She fought tirelessly for her movement, for professional employees in the public service. She fought for pay equity. She never let us down, ever, and today, we are about to let her down. We cannot let her death be in vain. We must find a way in this House to be true to the people like Michèle Demers who fought day in and day out for fundamental human rights, the right to contribute one's very best, be recognized for it, and not be diminished in terms of one's status in society or treated as a source of cheap labour to be moved in and out of the economy as needed.

The Conservatives talk out of both sides of their mouths. We know from the past that the Prime Minister has said that pay equity is “a rip-off”. We know that when he was involved with the National Citizens Coalition, he said that the government should scrap its ridiculous pay equity law. We know that the Conservatives, at their November convention in Winnipeg this last year, actually redefined pay equity from what it really means to the 1950s version, calling it equal pay for equal work.

We know where the Conservatives are coming from. Yet, at the same time in the House, the President of the Treasury Board defends this new move under Bill C-10 as something progressive, something that will ensure that pay equity is maintained, because the Conservatives will legislate it and people will not have to wait so long before the Human Rights Commission.

The fact that that is not true must be connected to the real agenda of the Conservatives, so we understand where they are coming from. The Liberals should know that. The Liberals should use their heads and their hearts to finally do what is right and stand up for the women of this country. We are talking about a fundamental human right.

I would like to quote a few words from Darlene Dziewit, the president of the Manitoba Federation of Labour. She said this:

I watched with great concern as the Federal Conservative government announced that it would remove women's right to pay equity from the Federal Human Rights Code. Treasury Board Minister...pronounced that such protection for women is too costly and time consuming, and as such, must be removed from the Code and into the realm of collective bargaining. He also cited the pay equity legislation that was passed in Manitoba in the mid 80s as a better alternative to Human Rights Code protection.

Darlene went on to say, “what bunk”, and I say that 100 times over; what nonsense, what bunk, what complete fabrication of the truth. She went on to say:

When a government announces its intention to remove protections accorded to any group from Human Rights legislation red flags should be raised. To use [the President of the Treasury Board's] argument, it would then follow that if any other discriminatory practice, such as discrimination based on age or ethnic origin, for example, were to prove too time consuming or costly, then that too ought to be removed from the Human Rights Code. Then, I guess there would be more time and money to pursue other, less sticky or costly discriminatory transgressions.

The question for everyone in this House, especially the Liberals, is, where do they draw the line? If they cannot stand up for pay equity, which is a fundamental human right, when will they stand up? Where is the line in the sand for the Liberals? Is it racism? Is it homophobia? Is it an attack on the rights of unions to bargain collectively? Is it an attack on people with disabilities? Is it an attack on people of colour? When do Liberals draw the line, if they will not stand up for women on a fundamental human right?

I do not know if I can find the right words today to actually impress upon members in this House, especially the Liberals, just what is at stake. We are talking about a fundamental human right, and the Conservatives are proposing to take that away completely by eliminating the right for anyone in the federal government, at any level, in any aspect of government, to take a complaint about pay equity to the Canadian Human Rights Commission. No matter what happens in society, whether one is working in the labour movement, is protected by a collective agreement, or is working in a private sector company that has none, there is no provision to go to the Canadian Human Rights Commission to pursue a fundamental human right as outlined in the charter.

There really is no legislative alternative either, because in fact this is not equal pay legislation we are talking about; this is something called equitable compensation. It does not define what that means. It does not entrench the notion of equal pay for work of equal value. The word “men” is not even mentioned anywhere in the legislation, so how in the world does one compare jobs? Is that not the essence of what we are talking about?

We are talking about comparing the value and the worth of the work that women do in our society with that which men do, and in fact trying to find ways to bridge the gap. When women are performing jobs that are at the same level of skill, education and responsibility in the workplace as jobs being performed by men, should the women not be paid the same rate as the men? Should they not be at a comparable salary range?

That is what is at stake in this bill. Gone will be the ability to pursue that kind of comparative work. Gone is the right to pursue pay equity before the Canadian Human Rights Commission. Gone is pay equity forever, unless we can convince the Liberals to get off their duffs, start to stand up for their principles, speak up for what it is right, not be compromised, do what is in the best interests of Canada and stand up for equality and human rights.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 10:30 a.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Madam Speaker, I am pleased to participate in the debate on this group of amendments to Bill C-10, the budget implementation bill. I believe it would be appropriate at this point to actually recap where we are, so Canadians understand just how significant this debate is and how we are at a defining moment in the life of our country.

We remember that the budget for 2009 was intended to address the economic crisis. It was supposed to be a stimulus package. It was supposed to kickstart the economy. It was supposed to create new jobs, protect current jobs, and protect the most vulnerable. At least those were the parameters or the principles going into this debate on the part of many parliamentarians, and certainly articulated by the Liberals. They specifically mentioned protecting jobs, creating new jobs, and protecting the most vulnerable as their mark, as their defining description of how they would judge the budget implementation bill.

The bill does not achieve those objectives. It does not protect jobs, it does not create new jobs, and it does not protect the most vulnerable. Despite that, the Liberals gave their blessing to the bill and to the Conservative agenda.

The other side to this whole budget debate is that not only does it miss the mark in terms of a true economic stimulus for the economy, it is also, as my colleague from Thunder Bay just pointed out, filled with poison pills. It is filled with a whole set of favoured projects of the Conservatives, part of their neo-Conservative agenda to try to use every avenue, every opportunity to destroy, to eliminate, to hijack those developments, those innovations and those important projects that were developed over many years reflecting the values of Canadians.

Despite the fact that it is neither a true stimulus budget and despite the fact that it is filled with poison pills that kill important initiatives in this country, critically important issues such as pay equity, such as environmental assessments pertaining to the Navigable Waters Protection Act, and the list goes on, despite all of that, the Liberals will hold their noses and vote with the Conservatives, despite the permanent damage that this will have on our economy, on our environment, and on our record around human rights.

That is truly mind-boggling. How did the Liberals let themselves get hoodwinked by these Conservatives? How is it possible that they still stand here to this day being inundated with information from organizations, groups and individuals right across this country about the devastating impact of this budget, and they can still stand in the House and tell us they want to avoid an election, and therefore, in the interests of political expediency, they will support the Conservatives, no matter the damage done, no matter the hardship created, and no matter the principles involved?

That is what is so frustrating and so disappointing in this chamber, because as Canadians look at Parliament they will ask, what does it means, why are we here, and what do we stand for if, in the blink of an eye, politicians can abandon their principles for the sake of a partisan political agenda?

How is it possible that we are dealing here right now with the Navigable Waters Protection Act, which, as my colleague said, has been around since Confederation, an act that allows for accountability when major projects are embarked upon, whether we are talking about dams, bridges, the widening of navigable waters, or dredging of waters, whatever the term may be? Whatever the issue involved, this was an act that allowed for some accountability to the people of Canada, that required environmental assessments, that had some protections in place to ensure that something as precious as our navigable waters were not tampered with and not in any way that would affect the lifestyle or the working requirements of people right across this country.

In one fell swoop, without a blink from the Liberals, we are going to eliminate something so historic as these protections under the Navigable Waters Protection Act.

The House resumed from March 2 consideration of Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, as reported (without amendment) from the committee, and of the motions in Group No. 2.

The EnvironmentPetitionsRoutine Proceedings

March 3rd, 2009 / 10:05 a.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Madam Speaker, I rise today to present a petition from the people of the Northwest Territories calling on the Conservative government to stop its plan to eliminate the environmental protections and the protections of the rights of navigation under the Navigable Waters Protection Act found in Bill C-10.

My constituents go on to indicate their displeasure with this provision being attached to the budget implementation bill and the elimination of the opportunities for extensive examination of this important right of Canadians and committees. This petition contains 63 signatures of people from across the Northwest Territories.

Budget Implementation Act, 2009Routine Proceedings

March 3rd, 2009 / 10 a.m.
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Carleton—Mississippi Mills Ontario

Conservative

Gordon O'Connor ConservativeMinister of State and Chief Government Whip

Madam Speaker, there have been consultations among the parties and I believe you will find consent for the following motion regarding the report stage of Bill C-10, the budget implementation bill.

I move:

That, notwithstanding any Standing Order or usual practice of the House, at the conclusion of debate at report stage of Bill C-10, an act to implement certain provisions of the budget tabled in Parliament on January 27, 2009, and related fiscal measures, all questions necessary to dispose of report stage of this bill be deemed put, and recorded divisions be deemed requested and deferred to 3 p.m. on Tuesday, March 3, 2009, provided that the bill may be taken up at third reading in the same sitting.

Motions in amendmentBudget Implementation Act, 2009Government Orders

March 2nd, 2009 / 6:20 p.m.
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Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, the member for Papineau is speaking with a great deal of emotion. His voice is trembling.

There are huge holes in the budget, but they are not big enough for the Liberals to vote against it. On Saturday, in Halifax, unionized public service employees held a demonstration about the huge problems in the budget. They told the Liberal leader that the measures in Bill C-10, including the pay equity measures, made no sense. That is just one of the issues they raised.

I would like to hear what the member has to say about this, about the fact that he is supporting such a budget and such a government, which reneged on its promise to the Maritimes and Newfoundland and Labrador. It also went back on its promise to Quebec. We know that the National Assembly of Quebec unanimously passed a motion about equalization.

All these people cannot be wrong. It is the Conservative government that is wrong. That is what the member is saying, but at the same time, he is going to support this bill. I would like the member to explain this glaring contradiction.

Motions in amendmentBudget Implementation Act, 2009Government Orders

March 2nd, 2009 / 5:55 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, Canada is blessed with pristine wild rivers and lakes. I have canoed in many of them for many years, whether it is the Dumoine River, the Spanish River, the French River, the Missinaibi River, the Madawaska River, the Nahanni River or Alsek River. Canada has beautiful rivers that make us proud. It is almost a part of the Canadian identity.

The public's right to navigate these rivers predates Confederation. It is part of our history and heritage. It also needs to be part of our future. Why am I here talking about rivers in the middle of a serious economic downturn when today the Toronto stock exchange index fell more than 5.5%? It is because part seven of this budget implementation bill makes an amendment to the Navigable Waters Protection Act. It has absolutely nothing to do with economic stimulation. If one reads the entire 360 page budget that was presented in the House, not the implementation act, it says nothing about changing navigable water protection because it cannot justify it.

Because the Conservatives saw how weak the Liberal Party was, they snuck in these pay equity changes and changes that punish students and public servants. They snuck in changes just like they did in the 2008 budget. Some members will remember the immigration changes. They had nothing to do with the 2008 budget but the Conservatives saw how weak the Liberals were and snuck the changes in. At the time, the Liberals said that they did not want an election and that they would support the budget, including the immigration changes even though they did not believe in them.

Last June, the Conservatives tried to change this protection act but they were caught. A lot of the environmentalists saw it and wanted to know why they were not being consulted and how the government could that, The change did not pass. Then, of course, we had an election. Many of my constituents wrote to me and said that we needed to protect public access to waterways in Canada. When we do that, we are protecting the natural environment of these waterways. Navigation is entirely under federal jurisdiction. There are no laws or regulations in place, other than the federal act, to protect the public right of navigation in Canada. The provinces have no jurisdiction over navigation and no ability to protect the waters.

Millions of Canadians access our waterways for recreation. Outdoor tourism around waterways generates many millions of dollars every year. In many parts of the country, the outdoor tourism industry is a critical part of local and regional economies.

My constituents said that the proposed amendments to the act must be withdrawn from C-10 and that there needs to be meaningful public consultation because they have the historic public right to navigate our waterways. We need to protect our natural environment. We need to ensure there is access to waterways for recreation and commercial tourism. I received a letter from another constituent who said that he was a canoeing enthusiast and that he was worried that the changes would threaten Canada's natural waterways that he so loves. He said that in order for Canada to remain clean and natural for all Canadians to enjoy, the Navigable Waters Protection Act amendment must be struck out.

Another constituent wrote to say that he was very concerned that the Government of Canada was poised to deregulate the protection of waterways in Canada which could impact on the rights of all Canadians to navigate and enjoy free access to Canada's waterways under the guise of putting people to work. He said that they were doing so without consulting Canadians in an open and transparent manner.

My constituent also mentioned that the legislation had nothing to do with putting people to work, considering that most, if not all of the economic stimulus initiatives proposed by the government, were for municipal infrastructure and not governed by federal environmental laws. He did not see any connection with what we are talking about here with stimulating the economy and putting people to work.

Another constituent wrote to ask us not to mix these changes.

The letters go on and on. People are extremely concerned and yet we have a Liberal opposition that is so afraid of its own shadow that it is not negotiating any amendments or changes. The Liberals are assuming that any amendment will be a confidence vote. They have not even tried. It is really unfortunate that the budget makes changes to the Navigable Waters Protection Act, pay equity and students, which has nothing to do with the budget and stimulating the economy.

We would be making a serious mistake here if we were to pass this section of the bill. I just wish the Liberals would actually stand up for what they say they believe in and split out this section and vote against it. They would then be able to tell their constituents that they tried and that they did their best and allow their constituents to judge. If they do not to that, then it has all been empty words. They say one thing here in the House but they act totally different when the vote comes. That is not what we call leadership.

Motions in amendmentBudget Implementation Act, 2009Government Orders

March 2nd, 2009 / 5:40 p.m.
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Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, I really miss my good friend, Rahim Jaffer, in this House.

We are into the second series of amendments on Bill C-10. Bill C-10 is a 528 page document.

There are parts of this bill that we are not comfortable with. As my colleague, the member for Scarborough—Rouge River, clearly pointed out, if we try to amend or change the bill, that will trigger an election.

My constituents keep telling me that these are difficult and trying times but what do I tell John MacDonald, the unemployed auto worker? Do I tell him that we do not care that he is unemployed, that we do not care that he cannot pay his mortgage, that we want to go to an election? We know how principled people are, and I am going to get into that as well. The member for Outremont talked about principles. This is the arena where we sometimes have the opportunity to talk about those principles, so let us put them on the table.

Part of these amendments have to do with the Navigable Waters Protection Act. The last thing I want to do is to go to Rice Lake and say that we cannot do this and we cannot do that. I do not want my constituents to be prevented from canoeing in certain areas that they use for recreational purposes. It is a difficult situation. However, as my colleague from Scarborough—Rouge River said, maybe improvements are being made to the marina, or a bridge or other infrastructure related to the area and we do not want that to be impeded.

Earlier on the member for Outremont talked about the Liberals having no principles. In order to appreciate where we are today we have to go back in history, because he is saying that we have no principles because we will not defeat the government on the budget. This Liberal team today is putting Canadians first and not our vested interests. That is why we are putting some water in our wine. There are areas in the budget that we do not agree with. There are flaws, if I may describe them as such.

I want to give the member for Edmonton—Strathcona a history lesson, because she is newly elected. I want to give the member for Outremont a history lesson as well. If we try to make amendments, it has been clearly spelled out that this will be a confidence vote and it will trigger an election which Canadians do not want, and more important, cannot afford.

What Canadians have told us repeatedly, what my constituents have told me repeatedly, and we are here to speak on behalf of our constituents, is they want us to do what we can to stimulate the economy, to bring back those jobs that have been lost.

In my province of Ontario hundreds of thousands of jobs have been lost. The auto industry is hurting badly. The city of Toronto cannot repair its roads. It is having to impose levies and increase taxes continuously.

Seniors in my riding are hurting because they live on fixed incomes. They are not income generators. When we impose on their pensions by $10 a month, that is a lot for a senior. When students want to go on to college and university but they cannot afford it because tuitions have gone up, that impedes Canada's future.

The member for Outremont talks about principles, but let me remind him and the member for Edmonton—Strathcona of budget 2005. Members of the New Democratic Party, the principled party supposedly, came to us when we were in government. It was a good budget. We covered every area, but they said they wanted amendments to it in order to support the budget. They wanted more money for housing, to which we agreed. They wanted more money for urban transit, to which we agreed. They wanted more money for the environment, to which we agreed. They wanted more money for post-secondary education, to which we agreed.

It was a historic moment for the old democratic party; after all, it has been called the New Democratic Party for the past 60 years. Someone might ask why I am picking on the New Democratic Party and not the Conservative Party. We have the Conservative government today thanks to the NDP members. I hope the member for Edmonton—Strathcona and the member for Outremont are listening. Members of their party were in cahoots with the Conservative Party and they defeated the Liberal government prematurely and all those programs went down the drain.

Let us fast forward to today. There is x amount of money on the table, money that we agree with, money that was discussed by my colleagues earlier, money that needs to get out there as soon as possible. Imagine if we were to stand here as the Liberal Party and defeat the government. We would be back to square one. We would be into an election. We might get the same result, or a minority Liberal government. It would take three months to do it at a cost of over half a billion dollars. Meanwhile the John MacDonalds of the world would still be unemployed. Who is principled here, I ask the NDP?

John MacDonald is sitting there unemployed, worried about how he is going to put food on the table and there are a bunch of politicians who cannot get their act together. Well, we Liberals have our act together and we are saying that for the good of the country, for the good of Canadians, we will put some water in our wine. The day will come to address some of the draconian initiatives that have been put in the budget and which really do not make sense. There is no need for those types of initiatives in this budget. I can hear President Obama say that we are going to address the economy, but there is a caveat here and a caveat there.

I am really puzzled with the NDP's position. The member for Outremont talks about principles. The member for Outremont used to be minister of the environment in the Quebec National Assembly. He made a comment that he was in favour of selling Canadian fresh water. If he is here, he can stand after I finish my speech and deny that. Who is more responsible and more principled here?

The first conference I had the honour and privilege of attending was in New York. I attended with the then environment minister, Sergio Marchi. It was at the UN and was on sustainable development. We all know what sustainable development means, but I was very impressed. The minister hosted a reception and there were representatives from all over the world. They put Canada right at the top. I felt so proud to be a Canadian and representing Canada. They told me that Canada had it right, that Canada was on the right track.

Environmental issues are not something for which we can flip a switch and they are solved. It is an ongoing process. Things that did not happen 20 years ago are happening today. Technologies that did not exist then exist now. Yes, it is more costly. Yes, we have to make changes to legislation, et cetera.

In closing, I wish that members of the NDP would finally get their act together, be responsible and do the right thing. Let Canada move forward positively.

Motions in amendmentBudget Implementation Act, 2009Government Orders

March 2nd, 2009 / 5:35 p.m.
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NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, the member for Edmonton—Strathcona gave an excellent response to that last question.

I just received an email from a constituent in my riding, Tony Rodgers, who is working with an outdoor network of 25 hunting, angling and fishing groups across Canada. They have come together to work on decoupling the Navigable Waters Protection Act from Bill C-10. They have asked me to stand in this House and speak out against this issue.

Has the member received similar demands from members of her riding and also from environmental groups, angling and hunting groups around Canada? Is she getting this kind of response?

Motions in amendmentBudget Implementation Act, 2009Government Orders

March 2nd, 2009 / 5:35 p.m.
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Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, I appreciate the hon. member's remarks. She has very clearly flagged a problem in Bill C-10, but the problem is going along with the bill as additional baggage.

She has talked about principles and the environment, which almost everyone in this place would subscribe to, but could she please address the fact that the Prime Minister has told Parliament that if there is any change to this bill, there will be an election. Is she prepared to tell Canadians she would prefer to go to an election now rather than deliver a stimulus package? That is the choice we have to make.

Motions in amendmentBudget Implementation Act, 2009Government Orders

March 2nd, 2009 / 5:15 p.m.
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Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Mr. Speaker, at this stage in considering Bill C-10, we are looking at amendments proposed and discussed earlier. The particular focus of these amendments relates to the Navigable Waters Protection Act, which is contained in part 7 of the bill.

As I mentioned in some questions and comments earlier, this bill is very much about the economy. In fact, everything is about the economy. The amendments proposed now, while arguably rational, were or are calculated to distract from the economic aspects of this bill.

I will admit that I too had prepared amendments in relation to this particular aspect, and to some other aspects, of this bill. I did not proceed with them on the order paper, because my party is of the view that the economy and Canadians who are now at financial risk in the economy deserve greater attention from all of us in the House than do some of the more technical aspects of this bill.

However, in discussing these amendments, I want the record to show that I have some degree of discomfort with the methodology adopted by the government in its decision to include as part of the stimulus package amendments to this very old piece of federal legislation.

It is there for very good reasons. The Navigable Waters Protection Act assures federal jurisdiction for shipping on our navigable waters, an area that continues to be of huge importance to us. These changes are arguably needed in the act, but why has the government chosen a stimulus package and placed technical amendments in the updating of a very old statute in a bill like this?

There actually is a reason, and I think I can see it. It is that the government has seen that there may be some infrastructure investment in bridges, wharves, canals, navigation buoys, levees, dams, docks and other types of structures. These could be the targets of infrastructure spending. Some of the provisions of the Navigable Waters Protection Act might delay or stall the investments in these works.

There are two aspects to this piggybacking of the Navigable Waters Protection Act in the stimulus package: the measures being put forward for adoption may arguably speed up investment, but they may directly or indirectly reduce the potential for protection of aspects of our navigable waters. Most of us around this place will have an eye for that, and we understand it. It is not as if we do not have environmental protection legislation out there. It is not as if we do not have real scientists, engineers and architects preparing this stuff. However, at the end of the day it is very important that we not lose sight of the proper way of doing things with respect to the environment, with respect to access of our citizens to these waters and with respect to the recreation industry. A lot us have received information from the Canadian Rivers Network. That perspective is very legitimate.

The policy aspect of a minister doing end runs around environmental protection legislation and other legislation that might provide for the public interest but that might also delay investment in a stimulus package is a very important consideration. We are not inviting our government here to be stupid, but we are nervous that the legislation will provide some fast-tracking that places the public interest at risk.

In addition to that, there are clauses in the bill that have actually removed the right of Parliament to review the government and ministerial activity after it has taken place. I cannot for the life of me figure out why the government has done this. We may regard this as just technical, but I do not regard it as technical.

There are actually seven clauses in the bill. I will put them on the record right now: clauses 244, 275, 279, 287, 292, 328 and 453. Each of those clauses purports to remove from Parliamentary scrutiny the administrative regulatory action of a government minister or the governor in council. Some of those involve the Navigable Waters Protection Act and other provisions involve other aspect of legislation in the stimulus package. That is simply unacceptable.

Some may say that the impact was inadvertent because the real purpose of putting these provisions in the bill was to avoid the slowing down by the regulatory process at the front end, the prepublication, the consultation, et cetera. Not only is the government trying to remove that pre-enactment scrutiny but it also has the impact of preventing Parliament from reviewing the regulatory actions to begin with, and that involves a whole slew of regulatory activity, which includes orders and exemptions, certificates, rules and directions.

Bill C-10, in these clauses, authorizes either the governor in council or ministers to take these acts and then says to Parliament that these are not statutory instruments and it cannot look at them after. That is absolutely wrong.

It is more than likely that someone from the other place will read some of the debate and more than likely that someone in the other place, that is the Senate, may take an interest in this issue. But at some point, these particular Bill C-10 enactments, including these provisions involving the Navigable Waters Protection Act, will have to be turned around. They will have to be fixed.

I cannot continue comfortably here in the House without trying to do something to fix this. It is now a question of a number of members in the House holding their noses while we pass this economic stimulus package. I cannot stress enough the stupidity of tagging onto economic stimulus legislation a whole lot of contraband in the back of the ambulance. It is not the right place to do it.

I recall another bill in a previous Parliament, also Bill C-10 coincidentally, where, in making a change to the Income Tax Act, this particular government thought it might want to test the waters on what many regarded as a censorship issue. That was just as dumb. We should not be using finance and economic stimulus legislative enactments to deal with other issues like updating the Navigable Waters Protection Act. This should happen in a piece of stand alone legislation.

The bill also has amendments involving the Competition Act. Those amendments should also be stand-alone legislation so the House can truly sink its teeth into it. The problem now is, and I hope Canadians realize it, that we have one bill with all of this in it. The main thrust of the bill is economic stimulus, but we have all of these other add-ons in the back of the truck and a lot of these add-ons, we do not like.

The amendments here are, in part, calculated to get rid of some of that extra baggage, but we are in a situation now, if we are to get the stimulus package moneys through Parliament, authorized, out on the street and creating jobs, we have to pass the bill the way it is now. I regret that, but that is a political reality.

Motions in amendmentBudget Implementation Act, 2009Government Orders

March 2nd, 2009 / 5:15 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Mr. Speaker, we are talking about the amendments put forward by the NDP to eliminate the amendment to the Navigable Waters Protection Act. Last week, a number of witnesses who appeared before the Standing Committee on Finance said they disagreed completely with the government's plan to introduce such changes in the Budget Implementation Act, 2009. The arguments we heard were quite commendable, in my opinion. The witnesses explained that many infrastructure projects will no doubt be carried out without an environmental assessment. We know that infrastructure projects that involve navigable waterways affect the environment, and not just for one, two or three weeks. Eventually, we will create problems that will do permanent damage to the environment.

Building a bridge where there should not be one, rather than making changes to a structure to take into account the specific environmental conditions and the navigability of these waters, will lead to major problems in future. In the name of development, and to the detriment of the environment, projects will go ahead that, one day or another, will be counterproductive. People are saying that we have to move quickly even if we contravene the Environmental Protection Act. It will be future generations who are affected and who will pay the price. Yet, to be productive globally, corporations must increasingly look at the big picture.

The second reason why the Bloc Québécois will support these amendments is because it is obvious that the Conservative government knew that the Liberals would support this budget implementation bill. They took advantage of this and included a series of measures that have absolutely nothing to do with the budget process. I am referring to pay equity as well as navigable waters. It makes absolutely no sense for the Conservative government to have included in the budget implementation bill a clause to amend this act.

The Standing Committee on Transport, Infrastructure and Communities carried out important studies of amendments that could be made. This issue should have gone back to that committee. These amendments do not belong in the budget implementation bill. That is the second reason why the Bloc Québécois will support the NDP amendment to eliminate these changes.

Motions in amendmentBudget Implementation Act, 2009Government Orders

March 2nd, 2009 / 4:50 p.m.
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Liberal

Derek Lee Liberal Scarborough—Rouge River, ON

Madam Speaker, as I listened to the member for Outremont, I accept that it is probably very bad for him to put some contraband in the back of the ambulance, in other words, to piggyback changes to the Navigable Waters Protection Act onto Bill C-10.

I do not think the hon. member or his party realize that this is not exactly about legislative purism. This is not about the NDP, or the Liberals, or the Bloc or even the Conservatives.

Bill C-10, in a relative sense, is massive legislative initiative to create investment for the Canadian economy. There are warts in the bill, but I urge the hon. member to talk about the stimulus package. If there are warts and mistakes in the bill, we should be able to fix them later.

Could he comment on that?