Jobs, Growth and Long-term Prosperity Act

An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

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 of this enactment implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it

(a) expands the list of eligible expenses under the Medical Expense Tax Credit to include blood coagulation monitors and their disposable peripherals;

(b) introduces a temporary measure to allow certain family members to open a Registered Disability Savings Plan for an adult individual who might not be able to enter into a contract;

(c) extends, for one year, the temporary Mineral Exploration Tax Credit for flow-through share investors;

(d) allows corporations to make split and late eligible dividend designations;

(e) makes the salary of the Governor General taxable and adjusts that salary;

(f) allows a designated partner of a partnership to provide a waiver on behalf of all partners to extend the time limit for issuing a determination in respect of the partnership;

(g) amends the penalty applicable to promoters of charitable donation tax shelters who file false registration information or who fail to register a tax shelter prior to selling interests in the tax shelter;

(h) introduces a new penalty applicable to tax shelter promoters who fail to respond to a demand to file an information return or who file an information return that contains false or misleading sales information;

(i) limits the period for which a tax shelter identification number is valid to one calendar year;

(j) modifies the rules for registering certain foreign charitable organizations as qualified donees;

(k) amends the rules for determining the extent to which a charity has engaged in political activities; and

(l) provides the Minister of National Revenue with the authority to suspend the privileges, with respect to issuing tax receipts, of a registered charity or a registered Canadian amateur athletic association if the charity or association fails to report information that is required to be filed annually in an information return or devotes resources to political activities in excess of the limits set out in the Income Tax Act.

Part 1 also implements other selected income tax measures and related measures. Most notably, it

(a) amends the Income Tax Act consequential on the implementation of the Marketing Freedom for Grain Farmers Act, including the extension of the tax deferral allowed to farmers in a designated area who produce listed grains and receive deferred cash purchase tickets to all Canadian farmers who produce listed grains and receive deferred cash purchase tickets;

(b) provides authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return; and

(c) introduces a requirement for commercial tax preparers to file income tax returns electronically.

Part 2 amends the Excise Tax Act to implement certain excise tax and goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 29, 2012 Budget. It expands the list of GST/HST zero-rated medical and assistive devices as well as the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening diseases. It also exempts certain pharmacists’ professional services from the GST/HST, other than prescription drug dispensing services that are already zero-rated. It further allows certain literacy organizations to claim a rebate of the GST and the federal component of the HST paid on the acquisition of books to be given away for free by those organizations. It also implements legislative requirements relating to the Government of British Columbia’s decision to exit the harmonized sales tax framework. Additional amendments to that Act and related regulations in respect of foreign-based rental vehicles temporarily imported by Canadian residents provide, in certain circumstances, relief from the GST/HST, the Green Levy on fuel-inefficient vehicles and the automobile air conditioner tax. This Part further amends that Act to ensure that changes to the standardized fuel consumption test method used for the EnerGuide, as announced on February 17, 2012 by the Minister of Natural Resources, do not affect the application of the Green Levy.

Finally, Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act to provide authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return.

Part 3 contains certain measures related to responsible resource development.

Division 1 of Part 3 enacts the Canadian Environmental Assessment Act, 2012, which establishes a new federal environmental assessment regime. Assessments are conducted in relation to projects, designated by regulations or by the Minister of the Environment, to determine whether they are likely to cause significant adverse environmental effects that fall within the legislative authority of Parliament, or that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that is required for the carrying out of the project.

The Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission, the National Energy Board or a review panel established by the Minister are to conduct assessments within applicable time limits. At the end of an assessment, a decision statement is to be issued to the project proponent who is required to comply with the conditions set out in it.

The enactment provides for cooperation between the federal government and other jurisdictions by enabling the delegation of an environmental assessment, the substitution of the process of another jurisdiction for an environmental assessment under the Act and the exclusion of a project from the application of the Act when there is an equivalent assessment by another jurisdiction. The enactment requires that there be opportunities for public participation during an environmental assessment, that participant funding programs and a public registry be established, and that there be follow-up programs in relation to all environmental assessments. It also provides for powers of inspection and fines.

Finally, the enactment specifies that federal authorities are not to take certain measures regarding the carrying out of projects on federal lands or outside Canada unless they determine that those projects are not likely to cause significant adverse environmental effects.

This Division also makes related amendments to the Environmental Violations Administrative Monetary Penalties Act and consequential amendments to other Acts, and repeals the Canadian Environmental Assessment Act.

Division 2 of Part 3 amends the National Energy Board Act to allow the Governor in Council to make the decision about the issuance of certificates for major pipelines. It amends the Act to establish time limits for regulatory reviews under the Act and to enhance the powers of the National Energy Board Chairperson and the Minister responsible for the Act to ensure that those reviews are conducted in a timely manner. It also amends the Act to permit the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters and it establishes an administrative monetary penalty system.

Division 3 of Part 3 amends the Canada Oil and Gas Operations Act to authorize the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters.

Division 4 of Part 3 amends the Nuclear Safety and Control Act to extend the maximum allowable term of temporary members of the Canadian Nuclear Safety Commission from six months to three years. It is also amended to allow for a licence to be transferred with the consent of that Commission and it puts in place an administrative monetary penalty system.

Division 5 of Part 3 amends the Fisheries Act to focus that Act on the protection of fish that support commercial, recreational or Aboriginal fisheries and to more effectively manage those activities that pose the greatest threats to these fisheries. The amendments provide additional clarity for the authorization of serious harm to fish and of deposits of deleterious substances. The amendments allow the Minister to enter into agreements with provinces and with other bodies, provide for the control and management of aquatic invasive species, clarify and expand the powers of inspectors, and permit the Governor in Council to designate another Minister as the Minister responsible for the administration and enforcement of subsections 36(3) to (6) of the Fisheries Act for the purposes of, and in relation to, subject matters set out by order.

Division 6 of Part 3 amends the Canadian Environmental Protection Act, 1999 to provide the Minister of the Environment with the authority to renew disposal at sea permits in prescribed circumstances. It is also amended to change the publication requirements for disposal at sea permits and to provide authority to make regulations respecting time limits for their issuance and renewal.

Division 7 of Part 3 amends the Species at Risk Act to allow for the issuance of authorizations with a longer term, to clarify the authority to renew the authorizations and to make compliance with conditions of permits enforceable. The Act is also amended to provide authority to make regulations respecting time limits for the issuance and renewal of permits under the Act. Furthermore, section 77 is amended to ensure that the National Energy Board will be able to issue a certificate when required to do so by the Governor in Council under subsection 54(1) of the National Energy Board Act.

Part 4 enacts and amends several Acts in order to implement various measures.

Division 1 of Part 4 amends a number of Acts to eliminate the requirement for the Auditor General of Canada to undertake annual financial audits of certain entities and to assess the performance reports of two agencies. This Division also eliminates other related obligations.

Division 2 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Cooperative Credit Associations Act to prohibit the issuance of life annuity-like products.

Division 3 of Part 4 provides that PPP Canada Inc. is an agent of Her Majesty for purposes limited to its mandated activities at the federal level, including the provision of advice to federal departments and Crown corporations on public-private partnership projects.

Division 4 of Part 4 amends the Northwest Territories Act, the Nunavut Act and the Yukon Act to provide the authority for the Governor in Council to set, on the recommendation of the Minister of Finance, the maximum amount of territorial borrowings and to make regulations in relation to those maximum amounts, including what constitutes borrowing, the relevant entities and the valuation of the borrowings.

Division 5 of Part 4 amends the Financial Administration Act to modify, for parent Crown corporations, the period to which their quarterly financial reports relate, so that it is aligned with their financial year, and to include in the place of certain annual tabling requirements related to the business and activities of parent Crown corporations a requirement to make public consolidated quarterly reports on their business and activities. It also amends the Alternative Fuels Act and the Public Service Employment Act to eliminate certain reporting requirements.

Division 6 of Part 4 amends the Department of Human Resources and Skills Development Act to establish the Social Security Tribunal and to add provisions authorizing the electronic administration or enforcement of programs, legislation, activities or policies. It also amends the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act so that appeals from decisions made under those Acts will be heard by the Social Security Tribunal. Finally, it provides for transitional provisions and makes consequential amendments to other Acts.

Division 7 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the protection of personal information obtained in the course of administering or enforcing the Canada Pension Plan and the Old Age Security Act and repeals provisions in the Canada Pension Plan and the Old Age Security Act that are substantially the same as those that are added to the Human Resources and Skills Development Act.

Division 8 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the social insurance registers and Social Insurance Numbers. It also amends the Canada Pension Plan in relation to Social Insurance Numbers and the Employment Insurance Act to repeal certain provisions relating to the social insurance registers and Social Insurance Numbers and to maintain the power to charge the costs of those registers to the Employment Insurance Operating Account.

Division 9 of Part 4 amends the Parks Canada Agency Act to provide that the Agency may enter into agreements with other ministers or bodies to assist in the administration and enforcement of legislation in places outside national parks, national historic sites, national marine conservation areas and other protected heritage areas if considerations of geography make it impractical for the other minister or body to administer and enforce that legislation in those places. It also amends that Act to provide that the Chief Executive Officer is to report to the Minister of the Environment under section 31 of that Act every five years. It amends that Act to remove the requirements for annual corporate plans, annual reports and annual audits, and amends that Act, the Canada National Parks Act and the Canada National Marine Conservation Areas Act to provide that that Minister is to review management plans for national parks, national historic sites, national marine conservation areas and other protected heritage areas at least every 10 years and is to have any amendments to a plan tabled in Parliament.

Division 10 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act in order to allow public sector investment pools that satisfy certain criteria, including pursuing commercial objectives, to directly invest in a Canadian financial institution, subject to approval by the Minister of Finance.

Division 11 of Part 4 amends the National Housing Act, the Canada Mortgage and Housing Corporation Act and the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act to enhance the governance and oversight framework of the Canada Mortgage and Housing Corporation.

This Division also amends the National Housing Act to establish a registry for institutions that issue covered bonds and for covered bond programs and to provide for the protection of covered bond contracts and covered bond collateral in the event of an issuer’s bankruptcy or insolvency. It also makes amendments to the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to prohibit institutions from issuing covered bonds except within the framework established under the National Housing Act. Finally, it includes a coordinating amendment to the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act.

Division 12 of Part 4 implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.

Division 13 of Part 4 amends the Bretton Woods and Related Agreements Act to reflect an increase in Canada’s quota subscription, as related to the ratification of the 2010 Quota and Governance reform resolution of the Board of Governors of the International Monetary Fund, and to align the timing of the annual report under that Act to correspond to that of the annual report under the Official Development Assistance Accountability Act.

Division 14 of Part 4 amends the Canada Health Act so that members of the Royal Canadian Mounted Police are included in the definition of “insured person”.

Division 15 of Part 4 amends the Canadian Security Intelligence Service Act to

(a) remove the office of the Inspector General;

(b) require the Security Intelligence Review Committee to submit to the Minister of Public Safety and Emergency Preparedness a certificate on the Director of the Canadian Security Intelligence Service’s annual report; and

(c) increase the information on the Service’s activities to be provided by that Committee to that Minister.

Division 16 of Part 4 amends the Currency Act to clarify certain provisions that relate to the calling in and the redemption of coins.

Division 17 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act in order to implement the total transfer protection for the 2012-2013 fiscal year and to give effect to certain elements of major transfer renewal that were announced by the Minister of Finance on December 19, 2011. It also makes certain administrative amendments to that Act and to the Canada Health Act.

Division 18 of Part 4 amends the Fisheries Act to authorize the Minister of Fisheries and Oceans to allocate fish for the purpose of financing scientific and fisheries management activities in the context of joint project agreements.

Division 19 of Part 4 amends the Food and Drugs Act to give the Minister of Health the power to establish a list that sets out prescription drugs or classes of prescription drugs and to provide that the list may be incorporated by reference. It also gives the Minister the power to issue marketing authorizations that exempt a food, or an advertisement with respect to a food, from certain provisions of the Act. The division also provides that a regulation with respect to a food and a marketing authorization may incorporate by reference any document. It also makes consequential amendments to other Acts.

Division 20 of Part 4 amends the Government Employees Compensation Act to allow prescribed entities to be subrogated to the rights of employees to make claims against third parties.

Division 21 of Part 4 amends the International Development Research Centre Act to reduce the maximum number of governors of the Centre to 14, and to consequently change other rules about the number of governors.

Division 22 of Part 4 amends Part I of the Canada Labour Code to require the parties to a collective agreement to file a copy of it with the Minister of Labour, subject to the regulations, as a condition for it to come into force. It amends Part III of that Act to require employers that provide benefits to their employees under long-term disability plans to insure those plans, subject to certain exceptions. The Division also amends that Part to create an offence and to increase maximum fines for offences under that Part.

Division 23 of Part 4 repeals the Fair Wages and Hours of Labour Act.

Division 24 of Part 4 amends the Old Age Security Act to provide the Minister of Human Resources and Skills Development with the authority to waive the requirement for an application for Old Age Security benefits for many eligible seniors, to gradually increase the age of eligibility for the Old Age Security Pension, the Guaranteed Income Supplement, the Allowance and the Allowance for the Survivor and to allow individuals to voluntarily defer their Old Age Security Pension up to five years past the age of eligibility, in exchange for a higher, actuarially adjusted, pension.

Division 25 of Part 4 dissolves the Public Appointments Commission and its secretariat.

Division 26 of Part 4 amends the Seeds Act to give the President of the Canadian Food Inspection Agency the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops.

Division 27 of Part 4 amends the Statutory Instruments Act to remove the distribution requirements for the Canada Gazette.

Division 28 of Part 4 amends the Investment Canada Act in order to authorize the Minister of Industry to communicate or disclose certain information relating to investments and to accept security in order to promote compliance with undertakings.

Division 29 of Part 4 amends the Customs Act to allow the Minister of Public Safety and Emergency Preparedness to designate a portion of a roadway or other access way that leads to a customs office and that is used by persons arriving in Canada and by persons travelling within Canada as a mixed-traffic corridor. All persons who are travelling in a mixed-traffic corridor must present themselves to a border services officer and state whether they are arriving from a location outside or within Canada.

Division 30 of Part 4 gives retroactive effect to subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985.

Division 31 of Part 4 amends the Railway Safety Act to limit the apportionment of costs to a road authority when a grant has been made under section 12 of that Act.

Division 32 of Part 4 amends the Canadian International Trade Tribunal Act to replace the two Vice-chairperson positions with two permanent member positions.

Division 33 of Part 4 repeals the International Centre for Human Rights and Democratic Development Act and authorizes the closing out of the affairs of the Centre established by that Act.

Division 34 of Part 4 amends the Health of Animals Act to allow the Minister of Agriculture and Agri-Food to declare certain areas to be control zones in respect of a disease or toxic substance. The enactment also grants the Minister certain powers, including the power to make regulations prohibiting the movement of persons, animals or things in the control zones for the purpose of eliminating a disease or toxic substance or controlling its spread and the power to impose conditions on the movement of animals or things in those zones.

Division 35 of Part 4 amends the Canada School of Public Service Act to abolish the Board of Governors of the Canada School of Public Service and to place certain responsibilities on the Minister designated for the purposes of the Act and on the President of the School.

Division 36 of Part 4 amends the Bank Act by adding a preamble to it.

Division 37 of Part 4 amends the Corrections and Conditional Release Act to eliminate the requirement of a hearing for certain reviews.

Division 38 of Part 4 amends the Coasting Trade Act to add seismic activities to the list of exceptions to the prohibition against foreign ships and non-duty paid ships engaging in the coasting trade.

Division 39 of Part 4 amends the Status of the Artist Act to dissolve the Canadian Artists and Producers Professional Relations Tribunal and transfer its powers and duties to the Canada Industrial Relations Board.

Division 40 of Part 4 amends the National Round Table on the Environment and the Economy Act to give the Round Table the power to sell or otherwise dispose of its assets and satisfy its debts and liabilities and to give the Minister of the Environment the power to direct the Round Table in respect of the exercise of some of its powers. The Division provides for the repeal of the Act and makes consequential amendments to other acts.

Division 41 of Part 4 amends the Telecommunications Act to change the rules relating to foreign ownership of Canadian carriers eligible to operate as telecommunications common carriers and to permit the recovery of costs associated with the administration and enforcement of the national do not call list.

Division 42 of Part 4 amends the Employment Equity Act to remove the requirements that are specific to the Federal Contractors Program for Employment Equity.

Division 43 of Part 4 amends the Employment Insurance Act to permit a person’s benefits to be determined by reference to their highest earnings in a given number of weeks, to permit regulations to be made respecting what constitutes suitable employment, to remove the requirement that a consent to deduction be in writing, to provide a limitation period within which certain repayments of overpayments need to be deducted and paid and to clarify the provisions respecting the refund of premiums to self-employed persons. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including requiring that the rate be set on a seven-year break-even basis once the Employment Insurance Operating Account returns to balance. The Division makes consequential amendments to the Canada Employment Insurance Financing Board Act.

Division 44 of Part 4 amends the Customs Tariff to make certain imported fuels duty-free and to increase the travellers’ exemption thresholds.

Division 45 of Part 4 amends the Canada Marine Act to require provisions of a port authority’s letters patent relating to limits on the authority’s power to borrow money to be recommended by the Minister of Transport and the Minister of Finance before they are approved by the Governor in Council.

Division 46 of Part 4 amends the First Nations Land Management Act to implement changes made to the Framework Agreement on First Nation Land Management, including changes relating to the description of land that is to be subject to a land code, and to provide for the coming into force of land codes and the development by First Nations of environmental protection regimes.

Division 47 of Part 4 amends the Canada Travelling Exhibitions Indemnification Act to increase the maximum indemnity in respect of individual travelling exhibitions, as well as the maximum indemnity in respect of all travelling exhibitions.

Division 48 of Part 4 amends the Canadian Air Transport Security Authority Act to provide that the chief executive officer of the Authority is appointed by the Governor in Council and that an employee may not replace the chief executive officer for more than 90 days without the Governor in Council’s approval.

Division 49 of Part 4 amends the First Nations Fiscal and Statistical Management Act to repeal provisions related to the First Nations Statistical Institute and amends that Act and other Acts to remove any reference to that Institute. It authorizes the Minister of Indian Affairs and Northern Development to close out the Institute’s affairs.

Division 50 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide for the payment or reimbursement of fees for career transition services for veterans or their survivors.

Division 51 of Part 4 amends the Department of Human Resources and Skills Development Act to add powers, duties and functions that are substantially the same as those conferred by the Department of Social Development Act. It repeals the Department of Social Development Act and, in doing so, eliminates the National Council of Welfare.

Division 52 of Part 4 amends the Wage Earner Protection Program Act in order to correct the English version of the definition “eligible wages”.

Division 53 of Part 4 repeals the Kyoto Protocol Implementation Act.

Division 54 of Part 4 amends the Immigration and Refugee Protection Act and the Budget Implementation Act, 2008 to provide for the termination of certain applications for permanent residence that were made before February 27, 2008. This Division also amends the Immigration and Refugee Protection Act to, among other things, authorize the Minister of Citizenship and Immigration to give instructions establishing and governing classes of permanent residents as part of the economic class and to provide that the User Fees Act does not apply in respect of fees set by those instructions. Furthermore, this Division amends the Immigration and Refugee Protection Act to allow for the retrospective application of certain regulations and certain instructions given by the Minister, if those regulations and instructions so provide, and to authorize regulations to be made respecting requirements imposed on employers in relation to authorizations to work in Canada.

Division 55 of Part 4 enacts the Shared Services Canada Act to establish Shared Services Canada to provide certain administrative services specified by the Governor in Council. The Act provides for the Governor in Council to designate a minister to preside over Shared Services Canada.

Division 56 of Part 4 amends the Assisted Human Reproduction Act to respond to the Supreme Court of Canada decision in Reference re Assisted Human Reproduction Act that was rendered in 2010, including by repealing the provisions that were found to be unconstitutional and abolishing the Assisted Human Reproduction Agency of Canada.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

  • June 18, 2012 Passed That the Bill be now read a third time and do pass.
  • June 18, 2012 Failed That the motion be amended by deleting all of the words after the word "That" and substituting the following: “this House decline to give third reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because this House: a) does not know the full implications of the budget cuts given that the government has kept the details of the $5.2 billion in spending cuts from the Parliamentary Budget Officer whose lawyer, Joseph Magnet, says the government is violating the Federal Accountability Act and should turn the information over to the Parliamentary Budget Officer; b) is concerned with the impact of the changes in the Bill on Canadian society, such as: i) making it more difficult for Canadians to access Employment Insurance (EI) when they need it and forcing them to accept jobs at 70% of what they previously earned or lose their EI; ii) raising the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years and thus driving thousands of Canadians into poverty while downloading spending to the provinces; iii) cutting back the federal health transfers to the provinces from 2017 on, which will result in a loss of $31 billion to the health care system; and iv) gutting the federal environmental assessment regime and weakening fish habitat protection which will adversely affect Canada's environmental sustainability for generations to come; and c) is opposed to the removal of critical oversight powers of the Auditor General over a dozen agencies and the systematic concentration of powers in the hands of government ministers over agencies such as the National Energy Board, which weakens Canadians' confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically eroding institutional checks and balances to the government's ideologically driven agenda”.
  • June 13, 2012 Passed That Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be concurred in at report stage.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting the Schedule.
  • June 13, 2012 Failed That Bill C-38, in Clause 753, be amended by replacing lines 8 and 9 on page 424 with the following: “force on September 1, 2012.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 711.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 706.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 700.
  • June 13, 2012 Failed That Bill C-38, in Clause 699, be amended by replacing line 16 on page 401 with the following: “2007, is repealed as of April 30, 2015.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 699.
  • June 13, 2012 Failed That Bill C-38, in Clause 696, be amended by replacing lines 2 and 3 on page 401 with the following: “on September 15, 2015.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 685.
  • June 13, 2012 Failed That Bill C-38, in Clause 684, be amended by replacing lines 6 to 8 on page 396 with the following: “684. This Division comes into force on September 1, 2012.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 661.
  • June 13, 2012 Failed That Bill C-38, in Clause 681, be amended by replacing lines 32 to 34 on page 394 with the following: “681. This Division comes into force on January 1, 2016.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 656.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 654.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 620.
  • June 13, 2012 Failed That Bill C-38, in Clause 619, be amended by replacing lines 22 and 23 on page 378 with the following: “608(2) and (3) come into force on April 30, 2016.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 606.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 603.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 602.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 595.
  • June 13, 2012 Failed That Bill C-38, in Clause 594, be amended by replacing lines 6 and 7 on page 365 with the following: “on April 30, 2016.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 578.
  • June 13, 2012 Failed That Bill C-38, in Clause 577, be amended by replacing lines 18 to 20 on page 361 with the following: “577. This Division comes into force on June 1, 2015.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 532.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 531.
  • June 13, 2012 Failed That Bill C-38, in Clause 530, be amended by replacing lines 24 and 25 on page 342 with the following: “on January 15, 2016.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 526.
  • June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by deleting lines 6 to 10 on page 341.
  • June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing lines 6 to 10 on page 341 with the following: “And whereas respect for provincial laws of general application is necessary to ensure the quality of the banking services offered;”
  • June 13, 2012 Failed That Bill C-38, in Clause 525, be amended by replacing line 33 on page 340 with the following: “Whereas a strong, efficient and publicly accountable banking sector”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 525.
  • June 13, 2012 Failed That Bill C-38, in Clause 522, be amended by replacing line 2 on page 340 with the following: “possible after the end of each fiscal year but”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 516.
  • June 13, 2012 Failed That Bill C-38, in Clause 515, be amended by replacing line 28 on page 338 with the following: “September 1, 2013 or, if it is later, on the day on”
  • June 13, 2012 Failed That Bill C-38, in Clause 508, be amended (a) by replacing line 1 on page 336 with the following: “( b) humanely dispose of that animal or thing or require” (b) by replacing line 3 on page 336 with the following: “care or control of it to humanely dispose of it if, according to expert opinion, treatment under paragraph ( a) is not feasible or is not able to be carried out quickly enough to be effective in eliminating the disease or toxic substance or preventing its spread.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 506.
  • June 13, 2012 Failed That Bill C-38, in Clause 505, be amended by replacing lines 9 and 10 on page 333 with the following: “on January 1, 2016.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 490.
  • June 13, 2012 Failed That Bill C-38, in Clause 489, be amended by replacing line 20 on page 329 with the following: “February 1, 2016.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 487.
  • June 13, 2012 Failed That Bill C-38, in Clause 486, be amended by replacing line 30 on page 328 with the following: “January 1, 2013.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 484.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 481.
  • June 13, 2012 Failed That Bill C-38, in Clause 480, be amended by replacing line 13 on page 326 with the following: “subsection 23(1) and all criteria and factors considered in reaching a decision or sending notice under that subsection, with the exception of all commercially sensitive information;”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 479.
  • June 13, 2012 Failed That Bill C-38, in Clause 478, be amended by replacing lines 25 to 27 on page 325 with the following: “478. This Division comes into force on September 15, 2015.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 476.
  • June 13, 2012 Failed That Bill C-38, in Clause 475, be amended by replacing lines 18 and 19 on page 324 with the following: “tion 4.1, including their issuance and their”
  • June 13, 2012 Failed That Bill C-38, in Clause 474, be amended by replacing line 3 on page 324 with the following: “that he or she considers appropriate for assuring the quality of seeds and seed crops, subject to the conditions set out in subsection (5).”
  • June 13, 2012 Failed That Bill C-38, in Clause 473, be amended by replacing lines 12 and 13 on page 323 with the following: “tion 4.2, including their issuance and their”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 473.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 468.
  • June 13, 2012 Failed That Bill C-38, in Clause 467, be amended by replacing lines 3 to 5 on page 322 with the following: “464 and 465, come into force on June 15, 2015.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 446.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 445.
  • June 13, 2012 Failed That Bill C-38, in Clause 444, be amended by replacing lines 1 to 3 on page 306 with the following: “444. This Division comes into force on April 30, 2016.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 441.
  • June 13, 2012 Failed That Bill C-38, in Clause 440, be amended by replacing lines 21 and 22 on page 305 with the following: “force on January 1, 2013.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 427.
  • June 13, 2012 Failed That Bill C-38, in Clause 426, be amended by replacing lines 1 to 3 on page 299 with the following: “426. This Division comes into force on May 1, 2013.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 420.
  • June 13, 2012 Failed That Bill C-38, in Clause 419, be amended by replacing lines 12 and 13 on page 295 with the following: “force on January 1, 2016.”
  • June 13, 2012 Failed That Bill C-38, in Clause 416, be amended by replacing line 40 on page 292 with the following: “considers appropriate and must be subject to regulatory approval.”
  • June 13, 2012 Failed That Bill C-38, in Clause 413, be amended by deleting lines 25 and 26 on page 291.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 412.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 411.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 391.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 378.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 377.
  • June 13, 2012 Failed That Bill C-38, in Clause 374, be amended by replacing lines 31 to 33 on page 280 with the following: “374. This Division comes into force on April 30, 2016.”
  • June 13, 2012 Failed That Bill C-38, in Clause 368, be amended by adding after line 34 on page 274 the following: “(3) Every officer appointed under this section must conduct every operation, wherever it takes place, in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 368.
  • June 13, 2012 Failed That Bill C-38, in Clause 367, be amended by replacing lines 9 and 10 on page 272 with the following: “force on January 1, 2014.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 353.
  • June 13, 2012 Failed That Bill C-38, in Clause 325, be amended (a) by replacing line 20 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 22 on page 244 with the following: “at least every 10 years, taking into account any feedback received from the public under subsection (2.1), and shall cause any” (c) by adding after line 24 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
  • June 13, 2012 Failed That Bill C-38, in Clause 324, be amended (a) by replacing lines 13 and 14 on page 244 with the following: “(2) The Minister shall conduct a comprehensive review of the management plan for each park at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (b) by adding after line 16 on page 244 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
  • June 13, 2012 Failed That Bill C-38, in Clause 319, be amended (a) by replacing line 39 on page 243 with the following: “(2) The Minister shall conduct a comprehensive review of the manage-” (b) by replacing line 41 on page 243 with the following: “protected heritage area at least every 10 years, taking into account any feedback received from the public under subsection (2.1),” (c) by adding after line 43 on page 243 the following: “(2.1) In every year, the Minister shall ( a) publish on the departmental website the management plan for each national historic site or other protected heritage area; and ( b) open the plan to public consultation and feedback, to be taken into account by the Agency in future decisions regarding changes to the management plan.”
  • June 13, 2012 Failed That Bill C-38, in Clause 318, be amended by adding after line 36 on page 243 the following: “(2) The report referred to in subsection (1) shall include, for the previous calendar year, all information related to any action or enforcement measure taken in accordance with subsection 6(1) under any Act or regulation set out in Part 3 or Part 4 of the Schedule.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 317.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 315.
  • June 13, 2012 Failed That Bill C-38, in Clause 314, be amended by replacing lines 8 and 9 on page 242 with the following: “on May 1, 2013.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 304.
  • June 13, 2012 Failed That Bill C-38, in Clause 303, be amended by replacing lines 2 and 3 on page 235 with the following: “on September 1, 2015.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 283.
  • June 13, 2012 Failed That Bill C-38, in Clause 281, be amended by replacing line 33 on page 226 with the following: “April 1, 2016.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 223.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 219.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 218.
  • June 13, 2012 Failed That Bill C-38, in Clause 217, be amended by replacing lines 21 to 23 on page 194 with the following: “217. This Division comes into force on April 1, 2015.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 217.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 214.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 209.
  • June 13, 2012 Failed That Bill C-38, in Clause 175, be amended by replacing line 17 on page 185 with the following: “financial statements of the Council, and the Council shall make the report available for public scrutiny at the offices of the Council.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 170.
  • June 13, 2012 Failed That Bill C-38, in Clause 163, be amended by replacing line 29 on page 181 with the following: “(6.1) Subject to subsection 73(9), the agreement or permit must set out”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 163.
  • June 13, 2012 Failed That Bill C-38, in Clause 161, be amended by deleting lines 32 to 39 on page 180.
  • June 13, 2012 Failed That Bill C-38, in Clause 160, be amended by replacing line 13 on page 180 with the following: “published in the Environmental Registry and in the Canada Gazette; or”
  • June 13, 2012 Failed That Bill C-38, in Clause 159, be amended by replacing line 25 on page 179 with the following: “mental Registry as well as in the Canada Gazette.”
  • June 13, 2012 Failed That Bill C-38, in Clause 157, be amended by replacing lines 37 and 38 on page 178 with the following: “and, subject to the regulations, after consulting relevant peer-reviewed science, considering public concerns and taking all appropriate measures to ensure that no ecosystem will be significantly adversely affected, renew it no more than once. (1.1) Before issuing a permit referred to under subsection (1), the Minister shall ensure that the issuance of the permit will not have any adverse effects on critical habitat as it is defined in subsection 2(1) of the Species at Risk Act. ”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 157.
  • June 13, 2012 Failed That Bill C-38, in Clause 156, be amended by replacing lines 29 and 30 on page 178 with the following: “and 153 come into force on July 1, 2015.”
  • June 13, 2012 Failed That Bill C-38, in Clause 154, be amended by replacing line 18 on page 177 with the following: “Act may not be commenced later than twenty-five years”
  • June 13, 2012 Failed That Bill C-38, in Clause 150, be amended by replacing lines 25 to 29 on page 176 with the following: “recommendation of the Minister following consultation with the public and experts or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section following consultation with the public and experts.”
  • June 13, 2012 Failed That Bill C-38, in Clause 149, be amended by replacing line 40 on page 174 with the following: “( i.01) excluding certain fisheries, on the basis of public consultation and expert opinion, from the defini-”
  • June 13, 2012 Failed That Bill C-38, in Clause 148, be amended by replacing lines 15 to 21 on page 174 with the following: “42.1 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish habitat protection and pollution prevention for that year, including for those fisheries of particular commercial or recreational value and any fisheries of cultural or economic value for Aboriginal communities.”
  • June 13, 2012 Failed That Bill C-38, in Clause 145, be amended by replacing line 8 on page 164 with the following: “enforcement of this Act, provided that, with regard to the designation of any analyst, the analyst has been independently recognized as qualified to be so designated.”
  • June 13, 2012 Failed That Bill C-38, in Clause 144, be amended by replacing lines 46 and 47 on page 161 with the following: “results or is likely to result in alteration, disruption or serious harm to any fish or fish habitat, including those that are part of a commercial, recreational”
  • June 13, 2012 Failed That Bill C-38, in Clause 143, be amended by replacing line 17 on page 159 with the following: “made by the Governor in Council under subsection (5) applicable to that”
  • June 13, 2012 Failed That Bill C-38, in Clause 142, be amended by replacing line 5 on page 158 with the following: “(2) If conducted in accordance with expert advice that is based on an independent analysis so as to ensure the absolute minimum of destruction or disruption of fish populations and fish habitat, a person may carry on a work, under-”
  • June 13, 2012 Failed That Bill C-38 be amended by adding after line 32 on page 157 the following new clause: “139.1 The Act is amended by adding the following after section 32: 32.1 Every owner or occupier of a water intake, ditch, channel or canal referred to in subsection 30(1) who refuses or neglects to provide and maintain a fish guard, screen, covering or netting in accordance with subsections 30(1) to (3), permits the removal of a fish guard, screen, covering or netting in contravention of subsection 30(3) or refuses or neglects to close a sluice or gate in accordance with subsection 30(4) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both.”
  • June 13, 2012 Failed That Bill C-38, in Clause 139, be amended by replacing line 3 on page 157 with the following: “32. (1) No person shall kill or harm fish by any”
  • June 13, 2012 Failed That Bill C-38, in Clause 136, be amended by replacing line 39 on page 154 to line 1 on page 155 with the following: “(2) If, on the basis of expert opinion, the Minister considers it necessary to ensure the free passage of fish or to prevent harm to fish, the owner or person who has the charge, management or control of any water intake, ditch, channel or canal in Canada constructed or adapted for conducting water from any Canadian fisheries waters for irrigating, manufacturing, power generation, domestic or other purposes shall, on the Minister’s request, within the”
  • June 13, 2012 Failed That Bill C-38, in Clause 135, be amended by replacing line 9 on page 154 with the following: “commercial, recrea-”
  • June 13, 2012 Failed That Bill C-38, in Clause 134, be amended by replacing line 17 on page 151 with the following: “programs and, if the Minister has determined, on the basis of the features and scope of the programs, that the programs are equivalent in their capabilities to meet and ensure compliance with the provisions of this Act, otherwise harmonizing those”
  • June 13, 2012 Failed That Bill C-38, in Clause 133, be amended by replacing line 8 on page 150 with the following: “thing impeding the free”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 132.
  • June 13, 2012 Failed That Bill C-38, in Clause 131, be amended by replacing lines 35 and 36 on page 149 with the following: “force on August 1, 2015.”
  • June 13, 2012 Failed That Bill C-38, in Clause 124, be amended by replacing line 24 on page 141 with the following: “replace a licence after consulting the public, expert opinion and peer-reviewed scientific evidence, or decide whether it is in the public interest to authorize its transfer, on”
  • June 13, 2012 Failed That Bill C-38, in Clause 123, be amended by replacing line 18 on page 141 with the following: “seven months.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 122.
  • June 13, 2012 Failed That Bill C-38, in Clause 121, be amended by replacing lines 7 and 8 on page 141 with the following: “June 1, 2015.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 116.
  • June 13, 2012 Failed That Bill C-38, in Clause 115, be amended by replacing lines 33 and 34 on page 138 with the following: “and 99 to 114 come into force on September 1, 2015.”
  • June 13, 2012 Failed That Bill C-38, in Clause 97, be amended by replacing lines 40 and 41 on page 125 with the following: “120.5 The Board may issue a ”
  • June 13, 2012 Failed That Bill C-38, in Clause 94, be amended by replacing line 36 on page 124 with the following: “recommendation, the Board shall, after all required consultation with members of the public and with First Nations, seek to avoid”
  • June 13, 2012 Failed That Bill C-38, in Clause 93, be amended by replacing line 25 on page 124 with the following: “oil or gas, the Board shall, after all required consultation with members of the public and with First Nations and taking into account all considerations that appear to it to be relevant, satisfy itself that the”
  • June 13, 2012 Failed That Bill C-38, in Clause 90, be amended by replacing line 12 on page 118 with the following: “was constructed in accordance with the Navigable Waters Protection Act and that passes in, on, over, under, through or”
  • June 13, 2012 Failed That Bill C-38, in Clause 89, be amended by replacing line 16 on page 117 with the following: “certificate under section 52 or 53 authorizing the”
  • June 13, 2012 Failed That Bill C-38, in Clause 88, be amended by replacing line 11 on page 117 with the following: “under which section 58.29 does not apply or leave from the Board under”
  • June 13, 2012 Failed That Bill C-38, in Clause 87, be amended by replacing line 44 on page 114 with the following: “a work to which that Act applies, unless it passes in, on, over, under, through or across a navigable water.”
  • June 13, 2012 Failed That Bill C-38, in Clause 86, be amended by replacing line 32 on page 112 with the following: “V, except sections 74, 76 to 78, 108, 110 to 111.3,”
  • June 13, 2012 Failed That Bill C-38, in Clause 85, be amended by replacing lines 2 to 4 on page 111 with the following: “the Board shall have regard to all representations referred to in section 55.2.”
  • June 13, 2012 Failed That Bill C-38, in Clause 84, be amended by replacing line 36 on page 109 with the following: “the time limit specified by the Chairperson pursuant to a motion and vote among Board members,”
  • June 13, 2012 Failed That Bill C-38, in Clause 83, be amended by replacing lines 25 to 27 on page 105 with the following: “shall consider the objections of any interested person or group that, in their opinion, appear to be directly or indirectly related to the pipeline, and may have regard to the”
  • June 13, 2012 Failed That Bill C-38, in Clause 82, be amended by replacing lines 39 and 40 on page 104 with the following: “(4) Subsections 121(3) to(5) apply to”
  • June 13, 2012 Failed That Bill C-38, in Clause 81, be amended by replacing line 14 on page 104 with the following: “(2) A public hearing may be held in respect of any other matter that the Board considers advisable, however a public hearing need not be held where”
  • June 13, 2012 Failed That Bill C-38, in Clause 79, be amended by replacing line 35 on page 103 with the following: “(2) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
  • June 13, 2012 Failed That Bill C-38, in Clause 78, be amended by replacing line 30 on page 103 with the following: “(1.1) Except in any instances where, based on what the Board considers necessary or desirable in the public interest, the Board considers it is advisable to do so, subsection (1) does not apply in respect”
  • June 13, 2012 Failed That Bill C-38, in Clause 76, be amended by replacing line 25 on page 101 with the following: “15. (1) The Chairperson or the Board may authorize one”
  • June 13, 2012 Failed That Bill C-38, in Clause 75, be amended by replacing line 11 on page 101 with the following: “14. (1) The Chairperson may propose a motion to authorize one”
  • June 13, 2012 Failed That Bill C-38, in Clause 72, be amended by replacing lines 34 to 40 on page 100 with the following: “(2.1) For greater certainty, if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the Board shall elect a third member to satisfy the quorum requirements established under subsection (2).”
  • June 13, 2012 Failed That Bill C-38, in Clause 71, be amended by replacing line 25 on page 99 with the following: “an application, the Chairperson may propose a motion to put in place a”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 68.
  • June 13, 2012 Failed That Bill C-38, in Clause 67, be amended by replacing lines 20 and 21 on page 98 with the following: “force on April 30, 2016.”
  • June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by replacing lines 25 to 29 on page 35 with the following: “with respect to a project, that a group or individual is an interested party if, in its opinion, the group or individual, including those who use adjacent land for recreational, cultural or hunting purposes, is directly — or could potentially be indirectly — affected by the carrying out of the project, or if, in its opinion, the group or individual has relevant information or expertise:”
  • June 13, 2012 Failed That Bill C-38, in Clause 52, be amended by adding after line 8 on page 31 the following: “Whereas the Government of Canada seeks to achieve sustainable development by conserving and enhancing environmental quality and by encouraging and promoting economic development that conserves and enhances environmental quality; Whereas environmental assessment provides an effective means of integrating environmental factors into planning and decision-making processes in a manner that promotes sustainable development; Whereas the Government of Canada is committed to exercising leadership, within Canada and internationally, in anticipating and preventing the degradation of environmental quality and, at the same time, in ensuring that economic development is compatible with the high value Canadians place on environmental quality; Whereas the Government of Canada seeks to avoid duplication or unnecessary delays; And whereas the Government of Canada is committed to facilitating public participation in the environmental assessment of projects to be carried out by or with the approval or assistance of the Government of Canada and to providing access to the information on which those environmental assessments are based;”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 52.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 19.
  • June 13, 2012 Failed That Bill C-38, in Clause 16, be amended by replacing line 5 on page 14 with the following: “on January 1, 2013 a salary of $137,000.”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 16.
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 4.
  • June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing line 5 on page 8 with the following: “interest, being any activity that contributes to the social or cultural lives of Canadians or that contributes to Canada's economic or ecological well-being.”
  • June 13, 2012 Failed That Bill C-38, in Clause 7, be amended by replacing lines 1 to 5 on page 7 with the following: ““political activity” means the making of a gift by a donor to a qualified donee for the purpose of allowing the donor to maintain a level of funding of political activities that is less than 10% of its income for a taxation year by delegating the carrying out of political activities to the qualified donee;”
  • June 13, 2012 Failed That Bill C-38 be amended by deleting Clause 1.
  • June 12, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than 10 further hours shall be allotted to the consideration at report stage of the Bill and 8 hours shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the 10 hours for the consideration at report stage and at the expiry of the 8 hours for the consideration at the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
  • May 14, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
  • May 14, 2012 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because it: ( a) weakens Canadians’ confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically over-concentrating power in the hands of government ministers; ( b) shields the government from criticism on extremely controversial non-budgetary issues by bundling them into one enormous piece of legislation masquerading as a budgetary bill; ( c) undermines the critical role played by such trusted oversight bodies as the Office of the Auditor General of Canada, the CSIS Inspector General and the National Energy Board, amongst many others, thereby silencing institutional checks and balances to the government’s ideological agenda; ( d) raises the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years in a reckless effort to balance the government’s misguided spending on prisons, incompetent military procurement and inappropriate Ministerial expenses; ( e) includes provisions to gut the federal environmental assessment regime and to overhaul fish habitat protection that will adversely affect fragile ecosystems and Canada’s environmental sustainability for generations to come; ( f) calls into question Canada’s food inspection and public health regime by removing critical oversight powers of the Auditor General in relation to the Canada Food Inspection Agency all while providing an avenue and paving the way for opportunities to privatize a number of essential inspection functions; and ( g) does nothing to provide a solution for the growing number of Canadians looking for employment in Canada’s challenging job market and instead fuels further job loss, which according to the Parliamentary Budget Officer will amount to a total loss of 43,000 jobs in 2014.”.
  • May 3, 2012 Passed That, in relation to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than six further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the sixth day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Jobs, Growth and Long-term Prosperity Act
Government Orders

June 18th, 2012 / noon
See context

Saint Boniface
Manitoba

Conservative

Shelly Glover Parliamentary Secretary to the Minister of Finance

Mr. Speaker, I wish a belated happy Father's Day to you and everyone else in the House.

It is my absolute pleasure to kick off third and final reading of the jobs, growth and long-term prosperity act. This is a very good measure that the government has put forward which will help Canadians across the country secure jobs, growth and long-term prosperity.

Before I speak to the bill, I will take a brief moment to thank my fellow members of the finance committee and the special subcommittee that was created specifically to study the bill. Together, both committees held nearly 70 hours of hearings on the legislation, making it the longest committee study of a budget implementation bill in over two decades.

I want to take this opportunity to thank the hundreds of witnesses we heard at committee, including government officials, business leaders, union representatives, economists, industry associations and many others. Their words and testimony made clear that we need this legislation to keep our economy strong, especially when events in Europe remind us that the global economic outlook remains fragile.

We heard from witnesses such as University of Guelph Professor Jane Londerville and Carleton University Professor Ian Lee. Both applauded this bill for the increased oversight it brings to the Canada Mortgage and Housing Corporation, which will strengthen Canada's housing sector.

The Mining Association of Canada explained how the mineral exploration tax credit would help northern and remote communities to grow.

The Council of Canadians with Disabilities voiced its approval for the measures taken by this bill to increase the availability of registered disability savings plans.

Canadian Manufacturers and Exporters praised our government's focus on more efficient and responsible resource development because it believes our plan will “maximize our economic opportunities while maintaining the right balance between environmental protection and economic growth”.

The Canadian Federation of Independent Business gave its approval to reforms to employment insurance that would better assist and encourage Canadians looking for work.

Witnesses such as the Western Canadian Wheat Growers Association and Consumer Health Products Canada were pleased to see the elimination of bureaucratic red tape that delayed new products already approved by Health Canada from coming to market for years on end.

The Canadian Museums Association noted that amendments contained in this bill would mean that Canadians right across the country would get to see more and more of the world's finest art in our museums.

We heard from witnesses such as the Macdonald-Laurier Institute and the Rotman International Centre for Pension Management, which commended the government for common sense reforms to old age security, which will ensure that the program remains sustainable for generations to come.

Windsor Police Service and the RCMP explained how provisions contained in this legislation would allow them to better partner with American law enforcement to keep Canada's border with the United States safe and open for business.

There were many more witnesses who provided countless hours of testimony and spoke to the great importance of this bill and the positive impact it would have on Canada's economy. I encourage Canadians to visit the finance committee's website and read about all of this first hand.

At times like these, Canadian families want their government and elected officials to stay focused on the economy, not on partisanship or procedural games. Canadians see the headlines about Greece and Spain. They read about how those economies have hit hard times. They know that European governments have been unable to effectively deal with their economic crisis.

While it should be clear to everyone in this Parliament, sometimes it does not seem that way, so I will say it anyway. Canadians do not want economic uncertainty. Canadians do not want their politicians to play procedural games while the economy teeters. Canadians want a government with a plan to grow Canada's economy and create jobs in their communities so they can continue to focus on what matters to them, such as raising their families, saving for their retirement and continuing to live in the very best country on Earth. That is exactly what our Conservative government has committed to do since being elected in 2006.

Despite what the NDP and Liberals would have us believe with their constant talking down of the Canadian economy, our Conservative government's plan to grow the Canadian economy has worked and it has worked very well. It is a plan that has included record investments in research and development, record investments in infrastructure, over 140 tax cuts leaving over $3,100 in the pockets of an average Canadian family, lower business taxes, investments in skills, training and education, and so very much more.

We know that our plan has been effective but members do not have to take my word for it because the facts speak for themselves. Let us look at the facts.

Fact, since we took office in January 2006, Canada has created nearly 1.3 million net new jobs, which is the best job growth record in the G7.

Fact, Forbes magazine, one of the world's leading business publications, has ranked Canada as the best country in the world to do business.

Fact, the World Economic Forum, a respected independent financial leader, has declared Canada's banks to be the soundest in the world for four straight years in a row.

Fact, both the OECD and the IMF have forecast that Canada's economic growth will be among the strongest in the industrialized world in the coming years.

Fact, Canada's net debt to GDP ratio remains the lowest in the G7 by far.

Fact, all three of the world's major credit rating agencies, Moody's, Standard & Poor's and Fitch, have recently renewed Canada's top credit rating.

When Conservative members point out these facts, the NDP and Liberals are quick to attack them, dismissing undisputed international praise of Canada's economy as somehow having nothing to do with our government's economic policy since 2006. Naturally, as the Parliamentary Secretary to the Minister of Finance, I do not agree with that statement at all.

Canadians might expect some bias in my assessment, so I do not want them to just take my word for it. This is what the OECD said only a few short days ago about Canada's economy, “overall, Canada's...performance has been very good in recent years. We attribute that to good macro policy settings, good structural policy”.

When Canadians watching at home hear the NDP and Liberal speakers stand up bashing Canada's economy and our government's economic policies, I urge them to consider all of the facts.

Despite our careful stewardship to grow and protect Canada's economy, we cannot be complacent and rely on our past achievements to carry us forward. That is something almost every Canadian can relate to, be it a small business owner who is hoping to grow, an employee looking for a promotion, a high school student applying to college, or a family trying to pay the bills while also trying to save enough for retirement.

To succeed we must look forward and be prepared for the challenges and opportunities ahead. Both today's legislation and economic action plan 2012 would do exactly that and are unapologetic in their comprehensiveness and ambition. The challenges we face are equally multifaceted and wide-ranging.

There are many challenges and uncertainties still confronting the economy. The recovery is not complete and too many Canadians are still looking for work. The global economy remains fragile and any potential setbacks would have an impact on Canada. Canadian businesses face ever-increasing competition from emerging fast-growth countries such as Brazil, Russia, India and China.

Our aging population will put pressure on public finances and social programs. Let us not kid ourselves: it will not be easy during this particularly intense time, but we know that we have the leadership that it takes to get things done.

Economic action plan 2012 takes important steps to address these structural challenges and ensure the sustainability of public finances and social programs for future generations.

International experience shows the importance of taking action now, rather than delaying.

Economic action plan 2012 focuses on the drivers of growth and job creation—innovation, investment, education, skills and communities.

Underpinning these actions is the ongoing commitment to keeping taxes low, which is central to the government’s long-term economic plan. I am pleased to announce that since its release nearly four months ago, economic action plan 2012 has received some extremely positive reactions.

As the Quebec Employers Council said, the economic action plan contains “measures to support economic development and job creation in Canada”.

These are the words of the Vancouver Board of Trade:

This budget reflects the type of long-term thinking that needs to be shown in a global context of the need for more free trade, particularly with Asia, South America and Europe.

The St. John's Board of Trade said that budget 2012 “focuses on the future and on future generations. It's a focus on high-quality job creation. We have a focus on innovation that is going to help us diversify the economy, which is going to be critical for future success”.

The Canadian Chamber of Commerce said:

The 2012 federal budget presents a plan for long-term economic growth that builds on Canada’s economic fiscal advantages.

Finally, a recent Waterloo region editorial in the The Record stated that budget 2012 was an:

...intelligent and visionary plan to preserve a progressive, prosperous Canada in a global landscape filled with both upheaval and promise.

And for this reason it is the most ambitious and important federal budget in a generation.

Underlying it all is an astute recognition of how this nation and the world around it are changing. Canada is aging. The growth in its workforce has slowed to a crawl. New economic superpowers — China, India, Brazil — that have emerged or are emerging offer new markets yet greater competition.

This budget tackles these challenges head-on....

What do all those third party assessments of economic action plan 2012 have in common? They recognize that our Conservative government's plan is forward looking and focused squarely on Canadians' long-term economic prosperity.

We contrast that with members of the NDP who continue to push their failed high tax, anti-globalization, anti-trade agenda and the ever-expanding government bureaucracies of the 1970s that go with it. Or, the LIberals who also want higher taxes and who are guided by the belief that every aspect of Canadian life should be managed by a government program run by an endless stream of bureaucrats. Or, let us consider the radicalism of the Green Party which wants to shut down huge sectors of the Canadian economy, punish Canadians with a new tax on the energy they use and labels Canada's natural resource industry and the people it employs a “disease”.

None of the oppositions' proposals are based on facts, like how Canada's population is aging or the continued fragility of the global economy. Instead, the oppositions' plans are based on a rigid ideological belief that government must always grow larger, control more and leave less in the pockets of its citizens through higher taxes. That is why they have been so vocal in their opposition to economic action plan 2012.

I want Canadians at home to know that today's bill is a solid plan for our economy that will bring jobs today and prosperity for tomorrow. With today's act, we are encouraging business to invest and create jobs in Canada by making the review process for major economic projects more timely and transparent while protecting the environment under the principle of one project, one review; extending the mineral exploration tax credit to support junior mineral exploration; and getting rid of dated foreign investment restrictions that prevent Canadian telecommunications companies from growing their operations.

We are improving training by making employment insurance more efficient and focused on job creation by removing disincentives to work while continuing to support unemployed Canadians. We are bolstering Canada's immigration system to better meet our economic needs by ensuring that skilled immigrants can come to Canada and apply their skills where they are needed most.

We are supporting families and communities by guaranteeing the increase of health and social transfers well into the next decade, expanding tax relief to better meet the health care needs of Canadians, expanding accessibility to the registered disability savings plan, requiring that federally regulated long-term disability plans be insured, and ensuring wider access to OAS and GIS through proactive enrolment.

That is a lot in one paragraph and there is so much more covered in this bill.

We are also better managing taxpayer dollars and getting back to balanced budgets by refocusing government programs, including completely eliminating dated and ineffective programs that are duplicative or no longer serve the needs of Canadians.

Before closing, allow me to say that our government's economic policies have made Canada a model of stability in a struggling global economy. We are one step closer to passing this important piece of legislation, which will support job creation, the responsible development of our resources, small business and vital sectors of our economy.

This bill has had the longest debate in the House of Commons and the most extensive study in committee of any other budget implementation bill in over 20 years.

Canadians want their government to concentrate on what is most important: jobs, growth and economic prosperity.

That is exactly what we are doing by implementing economic action plan 2012.

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June 18th, 2012 / 12:15 p.m.
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NDP

Peggy Nash Parkdale—High Park, ON

Mr. Speaker, how can the Parliamentary Secretary to the Minister of Finance present such a rosy picture of this omnibus bill when we see our trade deficit worsening, our employment rate sluggish and our personal debt rate at an all-time high?

We have heard expert testimony, including from the Parliamentary Budget Officer, at the finance committee that this budget implementation bill will worsen unemployment and be a drag on our economic growth. It will cut services, cut jobs and cut growth. At a time of such global economic uncertainty, why would we backtrack on our international environmental commitments? Why would we backtrack on developing growth and our economy?

If the hon. parliamentary secretary is so confident in what the government is doing in this omnibus bill, why does the government not have the courtesy and honesty to break it up and allow for a full and honest debate throughout this country?

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June 18th, 2012 / 12:15 p.m.
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Conservative

Shelly Glover Saint Boniface, MB

Mr. Speaker, I thank my colleague across the way for the question but, unfortunately, I do not agree with much of anything that she said.

In fact, as I made perfectly clear in my speech, Canada is seen by many countries across this world as being the leader when it comes to job creation following a recession that hit us all.

When my colleagues across the way talks about a sluggish employment record, that is absolutely not true. We have the strongest economic growth and the strongest employment growth as a result. In fact, we have seen over 760,000 jobs created since 2009, thanks to the economic policies and thanks to the environment that was produced so that economic growth could continue.

When we talk about the measures in the budget implementation act, all of the things mentioned by my learned colleague are actually false. We have protected the environment. We have taken some measure to move forward to protect the safety and security of Canadians. We have moved forward to ensure that there are health measures that protect generations to come.

There is more and more to see in the budget. I wish the member would take the time to actually read it and not continue to argue about process.

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June 18th, 2012 / 12:15 p.m.
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Liberal

Scott Brison Kings—Hants, NS

Mr. Speaker, I look forward to working with the hon. member as Parliamentary Secretary to the Minister of Finance and, as such, a member of the finance committee as we undertake our work on the study of income inequality now that the House of Commons has overwhelmingly supported my motion on income inequality. I do look forward to working with her , and with members of all parties on the finance committee to address this important issue.

My question for the parliamentary secretary is about the issue of accountability, transparency and respect of Parliament. This morning, the Parliamentary Budget Officer came forward with a legal opinion, which had been sought, that actually says that the government is breaking section 79.3 of the Parliament of Canada Act in its refusal to provide detailed information on the impact on the fiscal situation of the cuts that the government is proposing to make.

The government is refusing to give members of Parliament and the Parliamentary Budget Officer the detailed impacts of the legislation we are passing on the fiscal situation, such the impacts of spending initiatives and the impacts of cuts.

Today we have an unprecedented situation where the Parliamentary Budget Officer has attained a legal opinion that the government is actually breaking section 79.3 of the Parliament of Canada Act.

Why is the parliamentary secretary not actively defending the interests of Parliament to have this information before we vote on this kind of legislation? Why are the Conservative members of Parliament complacent and comfortable voting blindly without knowing the impacts of this legislation on Canada's fiscal situation?

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June 18th, 2012 / 12:20 p.m.
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Conservative

Shelly Glover Saint Boniface, MB

Mr. Speaker, I look forward to continuing my work in the finance committee with the hon. member of the Liberal Party as well.

With regard to the budget implementation bill and savings measures, I clearly remember hosting a briefing for all parliamentarians, which included House of Commons members, senators and anyone belonging to their staff. A four and a half hour session was held to educate members and to answer any questions they had about those savings. A number of questions were asked about savings in different ministries that were answered at that time. Unfortunately, a number of people were missing and they may not have received the information, but the information was nevertheless provided when asked for.

When it comes to the deficit reduction action plan, we have been clear. Thanks to the work done by this government, by cabinet, $5.2 billion in savings will be found in the area of ineffectiveness and waste in ministries.

We also have to be clear that we have collective agreements that also have to be honoured. We will not disregard the rights of union members to know upfront some of the situations that they will face. Our ministers are diligent about ensuring that they allow for those processes to take place.

We will continue to provide the information and continue to respect all aspects of the rollout of the deficit reduction action plan in time.

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June 18th, 2012 / 12:20 p.m.
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Conservative

Robert Sopuck Dauphin—Swan River—Marquette, MB

Mr. Speaker, I would like to thank my hon. friend for her great work as Parliamentary Secretary to the Minister of Finance.

I have listened to members opposite, especially members of the NDP. They have never talked about how to create wealth, but they are good at talking about how to spend money. Their solution to every problem in government is to spend more and more money. We have seen how that particular approach has taken the European economies, especially Greece, Italy, Spain and so on.

Could the parliamentary secretary please inform the House why it is so important for Canada to not only keep its financial house in order, but to make its financial position even stronger?

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June 18th, 2012 / 12:20 p.m.
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Conservative

Shelly Glover Saint Boniface, MB

Mr. Speaker, I enjoy working with my colleague, who is chair of our Manitoba caucus. It has been a thrill to work with him since he was elected in the past election. I look forward to working with him again in the future.

With regard to our economic fiscal advantage, Canada is seen as a leader because of the record we have with regard to our economy. However, we are not alone in this world. We are affected by outside sources. We are affected by things like what goes on in Europe and in the United States. We must remain diligent to ensure that our economy is protected from outside forces as much as possible. We do not want to be in a position like we see in Greece or Spain, where there has been some devastating economic news. They have had a heck of a time trying to secure the future for their citizens.

It is absolutely imperative that we deal with the economy in a very prioritized way, which is what the BIA and economic action plan 2012 would do. It focuses on jobs, growth and economic prosperity, along with other prosperity measures, for all Canadians.

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June 18th, 2012 / 12:25 p.m.
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NDP

Jamie Nicholls Vaudreuil-Soulanges, QC

Mr. Speaker, the member across often mentions that she is basing things on fact, however, she tends to cherry-pick the facts. She has mentioned the OECD report as a fact that Canada is doing well. Yet this report states that Canada is going through a mild case of Dutch disease. Total employment numbers since 2006 are lower than pre-2006 figures. When we say sluggish job growth, that is what we are talking about. We are not growing jobs.

Would the hon. member agree with the facts in the OECD that state that Canada is going through Dutch disease? Would she agree with the fact that total employment numbers are lower than pre-2006 numbers?

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June 18th, 2012 / 12:25 p.m.
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Conservative

Shelly Glover Saint Boniface, MB

Mr. Speaker, once again, Canada has the strongest job creation record in the G7, which is over 760,000 jobs. That is a fact.

When we look at measures with regard to the OECD report, I wish the hon. member would have read it. Here is a quote directly from the OECD report, “Canada weathered the global economic crisis well” and “thanks to a timely macroeconomic policy response and a solid banking sector...Canada enjoys strong institutions and policy credibility”.

The head of the European Financial Stability Board, who is also our Governor of the Bank of Canada, said just the other day, “It's too simple” what the NDP has said. “The factors influencing our currency are more complex than one price or another” and “He rejects completely the argument of Dutch disease put forward by the NDP” completely.

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June 18th, 2012 / 12:25 p.m.
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NDP

Peggy Nash Parkdale—High Park, ON

Mr. Speaker, I rise today to make it clear that NDP objects, in the strongest possible terms, to Bill C-38, what we call the Trojan Horse bill. Here we are, regrettably, at third reading of this massive omnibus bill, consisting of 425 pages and 753 clauses. Let me be clear about what this bill would do.

One-third of the bill is dedicated to gutting environmental protection and turning back the clock on it. It would make sweeping changes to old age security and employment insurance, vital programs on which Canadian families rely. It would press the delete button on over 300,000 federal skilled worker applications for people who have been playing by the rules and waiting their turn. It would open the door to the privatization of our food safety system and would roll back the clock on government transparency and accountability for the future by concentrating powers in the hands of ministers and reducing oversight and reporting requirements. These are just a few of the measures contained in the bill, everything but the kitchen sink, all bound up in one massive package.

There is growing national consensus that this is the wrong way to make significant changes to government policies and programs. Matthew Carroll of Leadnow confirmed that “Canadians are hungry for a truly participatory democracy that works. The majority are outraged at the direction the current government is dragging our country”.

Even those who agree with some of the proposed changes are decrying the lack of proper oversight and study of the bill. Conservative commentator Andrew Coyne wrote about this Trojan Horse and stated:

We've no idea whether MPs supported or opposed any particular bill in the bunch, only that they voted for the legislation that contained them. There is no common thread that runs between them, no overarching principle; they represent not a single act of policy, but a sort of compulsory buffet... there is something quite alarming about Parliament being obliged to rubber-stamp the government’s whole legislative agenda at one go.

We have tried from the outset to reach out to the government and work with it to find an acceptable way to divide this bill into manageable parts for a more effective and democratic study. Our attempts were thwarted. We tried to offer amendments at the finance committee, but not one of the 53 amendments was accepted, this even in the face of testimony that seriously cautioned the government on several of its proposed changes.

Will Amos of Ecojustice testified. He stated:

There is no law that we can recall that has ever, in such a broad and structural manner, changed the federal environmental governance regime....Canadians are not ready for this. Parliament is not ready for this. There has been inadequate process to consider the transformative changes that are being proposed.

Professor Marjorie Griffin Cohen cautioned, as follows:

What we don't often understand or look at is how various portions of the budget will interact with each other. For example, when you change the OAS and you then change the employment insurance, you're going to see that older people who are over 65 are probably going to be doing part-time and temporary work; they're not going to be able to qualify for a pension, nor are they going to be able to qualify for EI, if they aren't employed. We may be pushing a lot of people in specific kinds of groups into positions of poverty...

On the removal of the Inspector General's oversight from CSIS, and that is also in this bill, Paul Kennedy told the commons committee the following:

The cost associated with the Office of the Inspector General is a small price to pay if one wants to maintain a covert intelligence agency in Canada. The elimination of the Eyes and Ears of the Minister, if that is the course that you chose to adopt, should be accompanied by a common recommendation that future missteps by the intelligence service will be accompanied by the resignation of the Public Safety Minister. Wilful blindness as to potential problems at CSIS must carry a price. After all, responsibility ultimately rests with the Minister.

Mr. Kennedy is a former senior assistant deputy minister of public safety with 20 years of experience in national security. The Conservatives dismissed his testimony as simply wrong.

Finally, after time allocation in the committee, which left us with about four minutes of study per clause and further time allocations in the House, we were left with attempts to delete and amend the bill at report stage and every amendment was voted down by the government.

We urged the government to consult with Canadians about some of these massive changes, to hold hearings to meet with political and community leaders. However, the Atlantic premiers were not consulted about the impact of the proposed EI changes on their provinces and key environmental organizations were not consulted about the impact of gutting environmental laws.

National Chief Shawn Atleo of the Assembly of First Nations testified at the subcommittee. He said:

Part 3 of Bill C-38 needs to be withdrawn to take the time to work with first nations to ensure their rights and interests are reflected and will not be compromised through such legislation.

New Democrats did our best to open up the process by holding hearings across the country and encouraging Canadians to contact us by email, mail and social media, and thousands did. However, just as Canadians are realizing what is at stake, the government is determined to ram this bill through. We can only believe that the Conservatives' original intent was to pass this massive bill without most Canadians even knowing what was in it. It is abundantly clear that the Conservatives are determined to shut down debate and shut Canadians out of the plans they have for our country.

We believe we have made the process somewhat democratic, but it is still unacceptable that such major changes are being implemented without consultation or adequate oversight. Unfortunately, the impact of this so-called budget bill will be felt not just for a few years, but for decades. If the government is so confident about the measures it is implementing, why did it not promote them in last year's election campaign? Why is it so afraid of a public debate today? Why does it not want Canadians to find out what impact the proposed changes will have on them and their families? When did the Conservatives begin to fear accountability?

I must also emphasize that the short title of this bill, “jobs prosperity and long-term growth”, more than misses the mark. The vast majority of these 425 pages have nothing to do with the budget or economic growth. In fact, some measures would create downward pressure on the income of Canadians. The proposed EI changes would quickly move unemployed workers to lower paying jobs or else right off EI and onto welfare.

We see other measures such as the temporary foreign workers provisions already announced by the Conservative government that would require an employer to only search for a Canadian to fill a job for two weeks before bringing in temporary foreign workers who, now for the first time, can be paid 15% less than the average wage.

Economist Jim Stanford testified before the finance committee. He said:

It is an enormous shortage of jobs, not a lack of workers and not a lack of work ethic, that explains the decline in the employment rate...policies should be designed not to compel more labour supply but rather to support Canadian families in an era where there's a chronic shortage of jobs that dominates the outlook for our labour market moving forward.

We are already living in volatile economic times. Personal debt is at an all-time high of 152% of household income and yet there are nine times more in cuts than in job creation measures in budget 2012. The Parliamentary Budget Officer has cautioned that these changes will have a negative drag on our economy and, overall, unemployment would likely rise. Our trade deficit is high and growing.

To continue with Jim Stanford, he says:

There’s a big difference, however, between signing free-trade pacts and actually doing something about trade. Canada’s trade performance deteriorated badly over the past decade. The quantity of goods and services shipped abroad is seven percentage points lower than when the [Conservative] government took office, lower even than back in 2000....Our once-impressive trade surplus has melted into deficit.

Yet irresponsible, no strings attached budget cuts and tax cuts to the largest corporations have reduced the government's capacity for flexibility in these times. This omnibus budget bill does not address these problems. Instead, it makes them worse.

I look at my own community of Parkdale—High Park. There are people who are desperate to find jobs to support themselves and their families. People work hard, sometimes at two or three jobs, yet they cannot get their heads above the poverty line.

It is a sad fact that in the city of Toronto, with all its wealth and opportunity, one in three children lives in poverty. I see other families who are making a higher income but who are paying exorbitant child care fees, many thousands of dollars on top of an increasing cost of living on everything from housing to food, but their incomes are not rising accordingly. These families see nothing in the budget to provide more affordable housing, nothing in child care, nothing to create jobs and improve their incomes in Toronto.

I see young people who would love the chance to have a decent future and to be part of the economy of tomorrow, but there is almost nothing here in skills development and apprenticeship training.

Young people now have twice the national unemployment rate. If they lose hope, our country will pay the price in years to come. If we invest at the front end, in job skills training and child care and better housing, we will all reap the benefits for years to come.

Regrettably, the government's determination to grow the prison population and purchase fighter jets at the expense of these measures takes Canada in the wrong direction. It is not just morally and socially wrong. It is economically unsustainable.

We believe that it is wrong to attempt to sneak measures past Canadians and to ram them through Parliament as quickly as possible. The Parliamentary Budget Officer has said repeatedly that MPs are not getting the information they need in order to reasonably be able to exercise their power of oversight. And today, the Parliamentary Budget Officer has come forward with a legal opinion that backs his battle to obtain information about the proposed cuts.

We are living in uncertain times, and forces beyond our borders will likely continue to have a significant impact for some time to go.

We will have a jobs crisis, likely to get worse. We have an environmental record that has plummeted, among the worst under the Conservatives, and we have a government that repeatedly misleads Canadians to serve its agenda.

Canadians need a government committed to job creation in a meaningful way, not just talking points. We need a government that understands that economic growth and environmental protection must go hand in hand. And we need a government that not only sets up a Parliamentary Budget Office but that provides that office with the information it needs to provide real accountability for Canadians.

That is why New Democrats have been standing firmly against this undemocratic Trojan Horse bill every step of the way and that is why, today, I would like to introduce the following reasoned amendment. My reasoned amendment is as follows:

That the motion be amended by deleting all of the words after the word “That” and substituting the following:

“this House declines to give third reading to Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, because this House:

a) does not know the full implications of the budget cuts given that the government has kept the details of the $5.2 billion in spending cuts from the Parliamentary Budget Officer whose lawyer Joseph Magnet says the government is violating the Federal Accountability Act law and should turn the information over to the Parliamentary Budget Officer;

b) is concerned with the impact of the changes in the Bill on Canadian society such as:

i. making it more difficult for Canadians to access Employment Insurance when they need it and forcing them to accept jobs at 70% of what they previously earned or lose their EI;

ii. raising the age of eligibility for Old Age Security and the Guaranteed Income Supplement from 65 to 67 years and thus driving thousands of Canadians into poverty while downloading spending to the provinces;

iii. cutting back the federal health transfers to the provinces from 2017 on, which will result in a loss of $31 billion to the health care system; and

iv. gutting the federal environmental assessment regime and weakening fish habitat protection which will adversely affect Canada's environmental sustainability for generations to come; and

c) is opposed to the removal of critical oversight powers of the Auditor General over a dozen agencies and the systematic concentration of powers in the hands of Government ministers over agencies such as the National Energy Board which weakens Canadians' confidence in the work of Parliament, decreases transparency and erodes fundamental democratic institutions by systematically eroding institutional checks and balances to the government's ideologically driven agenda.

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June 18th, 2012 / 12:45 p.m.
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Liberal

Kevin Lamoureux Winnipeg North, MB

Mr. Speaker, even though the member's amendment points out a number of flaws within Bill C-38, unfortunately the amendment might defer the ultimate passage by, let us say, nine minutes or something of that nature.

It is unfortunate in a sense because the government has put into place a time allocation, which will in essence prevent any real, thorough, healthy debate, whether it is on this amendment or other amendments. The best example I could cite is that the Liberal Party introduced more than 500 amendments, which has to be a record inside this House, and the government chose only to debate a few of those 500 amendments.

Because of time allocation, the hundreds of Liberal amendments were never really debated. Yes, they were voted on. Yes, it did prolong the passage. Unfortunately, the government has not seen the error of its ways and made the changes that are necessary in order to satisfy Canadians. Those changes are that Bill C-38 needs to be thrown out and a new budget bill brought and put into place.

Would the member not agree with that simple statement?

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June 18th, 2012 / 12:45 p.m.
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NDP

Peggy Nash Parkdale—High Park, ON

Mr. Speaker, I thank the member for his question and for his support for my reasoned amendment.

I would just reach out to other members of the House. I have heard some members on the Conservative side argue that in order to prevent the mega quarry being built in Melancthon township in southern Ontario, they are calling for an environmental assessment, an environmental assessment that would be deleted by Bill C-38.

I would like to reach out to members on the other side, to think about their constituents, to think about their families, to think about the future of their communities and to vote their conscience to understand what the bill would mean for all Canadians, not now alone but for decades going forward, and all it takes is 13 members on the other side to vote their conscience and then we could win this amendment, break up the bill and have a proper debate going forward. The government has the power to do that. These individual members have the power to do that, and I would urge them to do so.

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June 18th, 2012 / 12:45 p.m.
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Conservative

Ed Komarnicki Souris—Moose Mountain, SK

Mr. Speaker, the member talks about environmental protection. Obviously everyone is concerned about that. Responsible resource development is important.

However, I would put this fact to the member. In 2010, natural resource sectors employed 760,000 workers in communities throughout the country, and in the next 10 years more than 500 major economic projects representing over $5 billion in new investments are planned across Canada.

By opposing the budget with rhetoric and delay tactics, which we have seen here, what does the member have to say to groups like the Saskatchewan Mining Association and Cameco? They provide a lot of jobs in northern Saskatchewan and are concerned about eliminating duplication between the provinces and the federal government. They are concerned about overlap between the provincial and federal processes. It has cost them time, resources, money and jobs. They say the budget needs to be passed to ensure that is rectified.

Why will the member not encourage her members to get behind the budget and pass it so that we can eliminate this duplication and address the concerns of many in the industry?

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June 18th, 2012 / 12:45 p.m.
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NDP

Peggy Nash Parkdale—High Park, ON

Mr. Speaker, I thank the member for his question. However, I disagree with the implication that somehow we are opposed to any debate or discussion about the environmental regulations. Absolutely not.

Of course we are happy to open up the process to consult with those affected, but not just the mining businesses. Let us talk to first nations and the people who work in the mines about workplace protection and communities that are affected. Let us talk to the broader public so that we are not just catering to one group or one region.

It is important that we have sustainable development of our natural resources. I think most Canadians would agree, but goodness gracious, let us not destroy fish habitat or run roughshod over sensitive wilderness within Canada of which we are all so proud.

Let us not run roughshod over our democratic institutions. Let us have a fair, open debate, consult broadly and then make a reasoned decision. That is what we are asking for.

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June 18th, 2012 / 12:50 p.m.
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NDP

Mike Sullivan York South—Weston, ON

Mr. Speaker, I want to thank my colleague from Parkdale—High Park for her excellent work on this file.

She may be aware that last week the World Health Organization declared diesel exhaust to be a carcinogen on the same level as asbestos and mustard gas. As she knows, that is a serious concern for the residents of her riding, my riding, Davenport and all of Toronto.

However, the Conservative government has proposed a bill that, if passed today, would remove human health from the list of things that are an effect of the environment. It would not matter whether the WHO has said that something is now dangerous, because if there were to be an environmental assessment under the proposed law, human health would not be part of the mix. Only fish, waterfowl and species at risk would be studied as a result of the changes the Conservatives are proposing to make. Human health would be in danger as a result of these changes, particularly in Toronto. I wonder if the member would like to comment.