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, an excellent resource from 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 ActGovernment Orders

May 8th, 2012 / 3:15 p.m.
See context

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, a question like that simply demonstrates how unfit the Liberal Party of Canada is to ever be government again. Liberal members do not recognize that it is all the parts of the economy working together that helps us to achieve a healthy economy, creating jobs, long-term prosperity and growth for all Canadians.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:15 p.m.
See context

Conservative

Bob Zimmer Conservative Prince George—Peace River, BC

Mr. Speaker, I would like to congratulate the member on her comments and her speech. I would like to get a bit more clarification on the responsible resource development portion of the budget.

Does it in any way reduce the stringency, environmentally? We have been accused of that. I just want the member to clarify where we are at with the environment.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:15 p.m.
See context

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, currently companies undertaking major projects must navigate a complex maze of regulatory requirements, processes and approvals. They are long and unpredictable.

Responsible resource development streamlines the review process to create good, skilled, well-paying jobs while maintaining the highest possible standards for protecting the environment.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:15 p.m.
See context

Independent

Bruce Hyer Independent Thunder Bay—Superior North, ON

Mr. Speaker, my question to the hon. member is about the government that allegedly believes in economic development.

Today in Bloomberg, out of New York, there is the title, “Canada Is World's Biggest Oil Loser With Price Spread”.

It talks about rushing oil off to China in low value-added form, instead of to eastern Canada where we need it. Jim Prentice added that it:

....highlights the importance and potentially the value of pipelines in Canada that move our oil on an east-west axis.... That's lost corporate revenue, government income tax, government royalties.

My question to the member is simple. Instead of rushing oil in low value-added form off to the west and China, does the member not agree that the government needs to start putting Canada's energy security and jobs first, and build the pipeline to the east?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:15 p.m.
See context

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, Canada does have secure energy for its provinces across the nation. We are not in threat of not having enough energy.

There are simply not the economies of scale in Canada to make it viable to have the refineries built here. If the business were available here, if it were viable here, if it would create jobs and sustainable growth, the companies would build refineries in Canada.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:15 p.m.
See context

NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I rise today to speak to Bill C-38, the omnibus budget bill of more than 450 pages. Not only is the bill's content an affront to the democratic process, but so is the way in which the government intends to ram it through without proper examination. The Conservatives know it is inappropriate to make so many sweeping changes to so many different areas in a budget bill.

They know it is inappropriate to include a series of previously unannounced measures in a budget bill, like the measures that contribute to a less transparent and more secretive environment, including a massive gutting of the powers of the Auditor General.

They know it is inappropriate to give themselves the power to change employment insurance rules without the approval of Parliament. They know it is inappropriate to gut environmental protection and rewrite Canada's fisheries laws in a budget bill. But they do not care.

The Conservative government members have made it very clear over and over again that they do not respect this House and, by extension, they do not respect the very people we were all elected to represent in this House.

I was elected to represent the people of my constituency and my community. They expect more from the current government, which does not even blink while undermining this Parliament by tabling a massive bill that goes far beyond the budget. Clearly, its objective is to ram through its radical Conservative agenda while hiding from oversight and avoiding accountability.

In an attempt to restore some sanity to this House and ensure a proper review of this bill, which is mostly made up of non-financial elements, the New Democrats have asked the government to work with us. That is why yesterday we asked Parliament to split the bill in order to allow for an appropriate review of it, which must include relevant committees hearing from experts about these sweeping changes being proposed.

Instead, what the Conservatives have proposed is to create a monster subcommittee to study all the changes, which is just another way to avoid accountability for measures they are hiding in this Trojan Horse budget bill, a budget bill that does not help our economy or get people back to work. It most certainly does not represent the priorities of the people in Surrey North or people across this country.

Last month, I held a public forum on the budget in my riding to ask my constituents what their concerns and priorities were. They said they did not understand why the government would add two more years before they could qualify for the OAS, when the program has been proven to be sustainable. Both the PBO and the government's own research team has shown that the program is sustainable.

They could not comprehend why the Conservatives would cancel the long gun registry when it helps to save lives. They thought that the government's insistence on destroying the registry records is ridiculous and reckless.

My constituents further told me that they did not understand why the government is paying lip service to the problem of foreign credential assessment and recognition, and not addressing the real shortage of doctors, nurses and medical professionals in our hospitals.

They want a national transit strategy and effective transit to facilitate economic growth in our region. They do not understand why the government would not make that a priority when every other G8 country but Canada has a national transit strategy.

They were very concerned about the protection of salmon habitat and the small and medium-size fishing industry in coastal British Columbia.

They want the government to protect our food security and implement the labelling of GMO foods.

They also do not understand why the Conservatives would dismantle the Wheat Board that was protecting our farmers.

They further told me that they do not want the gutting of environmental protection and removal of accountability that we see in Bill C-38.

However, the Conservatives are not listening to Canadians; they certainly are not listening to the people of my community or the full 80% of the British Columbians who opposed the northern gateway pipeline.

Instead, the Conservatives have done exactly what we have come to expect from the government, exactly what they want with no regard or respect for the people of the country or the democratic process by which they should be governed.

We all know that, when Conservatives do not like rules, they either break them or they undermine Parliament to change them, like changing the rules to undermine an entire environmental review and oversight so they could ram through a reckless pipeline project that puts the coastline of B.C., communities and local economies in peril; or like changing the rules so they could attack charities that target the organizations that are standing up to protect our coasts; or like gutting the office of the Auditor General so we will not know when they break the rules.

Those are just a few of the highlights of what we see in the bill. It is clear that the priorities of the people in my community are not represented by the government and they are most certainly not represented by the contents of the bill.

The Conservatives claim that budget 2012 is about job creation, but the PBO says the budget will cost 43,000 Canadian jobs. In fact, the budget actually plans for unemployment to rise. When the PBO's estimate of 43,000 lost jobs is combined with previous rounds of cuts, this number is closer to 102,000 jobs lost. Still the Conservatives stand in the House day after day, blustering about how the bill is about job creation. It is truly unbelievable.

One-third of the bill is actually dedicated to gutting important environmental protection regulations, so I would humbly suggest to the members across that they cool it on their talking points and admit what the bill is really about: ignoring the hundreds of thousands of Canadians who peacefully protested on Earth Day to show their support for expanding environmental safeguards; showing contempt for Canadians by taking this country backward when it comes to environmental protection; and creating a less transparent and more secretive government so they can lurk in the shadows and get away with their dirty tricks.

Proper oversight is a cornerstone of our parliamentary democracy, of any democracy, and New Democrats will fight for proper oversight and accountability. We will not allow the Conservatives to quietly sneak through these far-reaching changes. Trojan Horse budget bills cannot become the new norm, so if the government is not afraid of being held accountable, it should agree to work with us to split the bill into proper committees.

Separating the bill makes sense. It would allow for a full study with proper expertise at the table, and we would be able to make decisions that would benefit our country. It would allow opposition members to do their job and provide proper oversight. It would also help the backbenchers in the Conservative government to have input into this budget bill.

My sincere hope is that the Conservatives will take a step back and think about the consequences of undermining Parliament and removing oversight and accountability from our democracy.

I hope they will consider the consequences of seriously eroding the trust Canadians have in this House, which is precisely what they are doing with the bill.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:25 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I have argued in the past, and I will pose it in the form of a question to the member, that if he looks at what the priorities of the government have been over the last number of months, we have to recognize that one of the most significant cuts will be to our civil service.

Well over 19,000 jobs will be lost. That means we will have issues of service delivery, whether it is someone who is unemployed or individuals who protect our environment, a wide spectrum. When we cut 19,000 jobs, it will have an impact on quality of service to Canadians.

Earlier this year the government made the decision to increase the size of the House of Commons. By increasing the size, more politicians for Canadians, that means additional staff for those politicians at a time when the Conservatives are cutting back on services but increasing the number of politicians.

I wonder if the member could provide a comment on what I would class as a misplaced priority.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:30 p.m.
See context

NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, since the last election I have seen the Conservatives constantly either fudging the numbers or using only numbers that fit their own overall secret agenda. During the crime bill we heard the Minister of Justice and the Minister of Public Safety constantly talking about how they do not believe in stats or how they do not believe in research. I have seen the gutting of research that has been available to make decisions that are facing Parliament.

Here is a prime example. The Parliamentary Budget Officer, along with the government's own research, indicates that the OAS is financially viable and that we can provide OAS to our seniors, yet the government is cutting the funds available to vulnerable seniors.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:30 p.m.
See context

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I greatly appreciate the comments made by my colleague. He talked about the bill that the government says is going to create jobs, growth, and long-term prosperity. Could he comment on how the government wants good-paying jobs to be handed to foreign workers and wants employers to be allowed to pay lower wages? Could he comment on how that relates to jobs, growth, and long-term prosperity for Canada? I just do not see how that will work.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:30 p.m.
See context

NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I am a member of the international trade committee, and this morning I was looking through the trade deficit. Over the last six years, under this government the manufacturing sector trade deficit has ballooned from $18 billion to $75 billion. What that means is that our manufacturing industry jobs, good-paying jobs for families across the country, have been decimated. Jobs in the manufacturing sector have gone away. What they are creating are service jobs that pay very little compared to manufacturing.

Again they say one thing, yet they are doing another thing.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:30 p.m.
See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, it is encouraging to hear that the NDP is actually getting the message that the budget is about jobs, growth, and long-term prosperity. I am really encouraged by that.

My colleague referred to the fact that he thinks backbenchers should have had more opportunity for input. Would he agree that his colleague from Burnaby—New Westminster used up, I believe, 20-some hours of House time? If he had shared that a bit, it would have given us all a chance to speak to the budget much more effectively.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:30 p.m.
See context

NDP

Jasbir Sandhu NDP Surrey North, BC

Madam Speaker, my colleague from Burnaby—New Westminster was speaking on behalf of all Canadians. He was getting messages from across the country to let the government know that this bill is not acceptable to all Canadians. That is what he was talking about.

This budget is not only about the financial side. This is about the environment and fisheries deregulation. This is about health care transfers. This is about weakening our Auditor General's office. This is about reducing our food inspectors. This is about a lot more than just financials.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:30 p.m.
See context

Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

Madam Speaker, it is a great pleasure for me to discuss budget 2012 on this, our 2,298th day as the servants of our constituents.

In the 41st general election we all acknowledged that the economy was still the main issue for Canadians. Citizens decided to re-elect a government that had proven itself in this area, with a plan for jobs, growth and long-term prosperity.

It was also the first time in the history of parliamentary democracies that a government won an election following a deep recession. I voted against holding that unnecessary election. Those on the other side, who voted for the dissolution of the 40th Parliament, remind me of the turkeys who vote for an early Christmas.

The opposition knew about the global economic downturn, and they gambled that Canadians would punish this government for it. Governments are not always rewarded for good economic news, but they are always punished when a recession rears its ugly head.

Except this time. The more the opposition talk down Canada's economy, the more Canadians solidify their support for their government and for their Prime Minister. Canadians increased their support for this government not only in spite of our economic challenges, but because of them.

With more than $63 billion in targeted stimulus measures, the economic action plan has helped to protect Canada through the worst moments of the last global recession.

Canada has posted economic growth in nine of the last 10 quarters. Our great country has seen nearly 700,000 net new jobs created since July 2009, the strongest employment growth of all the G7 countries.

At the local level, nearly 33,000 jobs were created in Ottawa from October 2010 to March 2012, lowering the unemployment rate from 6.9% to 6.2%.

After the budget was tabled, The Wall Street Journal had the following to say in the April 3 edition: “Canada shows how mistakes can be reversed with sound policies”.

Canada's economic action plan 2012 is full of measures that will help Canada stay in the driver's seat of the world's economies.

The budget we are debating today strongly supports world-class innovation and research. This government believes in innovation. Two weeks ago, I was pleased to announce that nearly $1 million would be allocated for an IT professional mentoring program to encourage primary and secondary school students in Ottawa to take an interest in science and innovation.

This type of program is entirely consistent with this government’s philosophy and vision.

The people of Ottawa--Orléans know of my unfailing support for scientific research and development. In this budget the Minister of Finance has taken action on the Jenkins report and is investing $1.1 billion in direct support for R and D and $500 million in venture capital.

With my meticulous support, the government is committed to granting $110 million a year to the National Research Council to double support for small businesses through the NRC's industrial research assistance program. Improvements will be made to services offered to businesses by industrial technology advisers. I see this measure as a great opportunity for the NRC, located at the doorstep of Ottawa--Orléans.

Families are the heart and soul of Ottawa–Orléans. I regularly meet them when shopping on St. Joseph Boulevard, at mass at Divine Infant Church, and during the many community activities to which their servant is invited.

Families have not been overlooked in economic action plan 2012.

Under the budget, the registered disability savings plan will be improved to help guarantee long-term financial security for children with serious disabilities.

There are some 300 community organizations in Ottawa–Orléans. They will have access to $150 million for repairs and improvements to existing community facilities.

This government also wants to promote more active lifestyles, to improve funding for victims and to increase travellers' exemptions. That is not to mention the measures we have introduced since 2006, such as 140 tax breaks, including income tax cuts for taxpayers in the lowest brackets and many others.

These are all measures that will help families, the backbone of Canada.

With regard to families, the government has not forgotten seniors, who represent our country's memory. Health investments are one of the biggest priorities for the seniors I met this morning at the Roy Hobbs centre and at senior centres such as the Portobello Manor and the Royal Garden, which, by the way, was not named after me.

In 2012, federal support for the provinces and territories reached a record high, and it will continue to rise.

In 2012-13, Ontario will receive record support through major federal transfers, most of which are earmarked for health. These transfers will provide this province with $19.2 billion. This investment represents a 77% increase in transfers relative to those made by the previous government. Of that amount, Ontario will receive $3.2 billion from the equalization program, $11.4 billion through the Canada health transfer and $4.6 billion through the Canada social transfer.

With this major investment in health, Ontario no longer has to make painful choices.

Between 1965 and 1995, the federal contribution to health care was 50 cents on the dollar. In 1996 the previous government reduced this amount, in one fell swoop, to 14 cents on the dollar. The provincial government of the day had to close 44 hospitals in Ontario, including the Riverside and the Grace, and had to merge 14 others.

Only one hospital on the list of facilities targeted by those cutbacks just barely avoided the knife, Montfort Hospital, as a result of unprecedented mobilization by the francophone and francophile community of eastern Ontario.

Since this government came to power, health transfers have increased to 30 cents per dollar invested in health.

Of course, health is not the only concern for seniors. Since 2006 we have taken nearly 400,000 seniors off the tax rolls, at a time when the number of citizens in this age group is rising sharply. We have introduced pension income splitting and raised the age limit for converting RRSPs to registered retirement income funds from 69 to 71.

To the many measures taken since 2006, economic action plan 2012 has added the third quarter project, which will receive $6 million. This innovative online initiative is designed to help employers find experienced workers over 50 who want to stay active in the labour market.

Since the unemployment rate in Ottawa is relatively low, finding skilled employees can be a real a challenge for employers.

Budget 2012-13 offers improved flexibility and choice for older workers. Those wishing to work longer will be able to postpone payment of their old age security benefits starting in July 2013. Those who do so will receive a higher adjusted annual pension.

Eliminating the penny is another initiative that reflects the government's pragmatic approach. Last Friday, the Royal Canadian Mint struck its last penny. This initiative may seem trivial in a budget of $276 billion; my response is that this is proof of the serious approach the government has taken to managing public funds.

In his editorial of May 5, 2012, columnist Pierre Jury of Le Droit wrote that “cost-cutting on any scale is not wasted, and it was time to make this decision.”

Madam Speaker, how much time do I have left?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:40 p.m.
See context

NDP

The Deputy Speaker NDP Denise Savoie

You are out of time.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 3:40 p.m.
See context

Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

I appreciate your courtesy, Madam Speaker.