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 10th, 2012 / 3:30 p.m.
See context

Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, it is a pleasure to rise to speak to Bill C-38, the economic action plan for 2012.

I want to make a bit of a contrast between what our Conservative government is doing in our budget and what the Manitoba NDP is doing in its provincial budget.

One thing I am glad to see in the federal budget and economic action plan 2012 is the mention of further funding for Lake Winnipeg to support our initiatives for clean water, clean air and clean land.

Overall, we have been investing for the past four years, through the Lake Winnipeg Basin initiative, which included the Lake Winnipeg water stewardship fund and which really has helped community-based projects. It assisted with science and research that looked at reducing algae and nutrient loads in Lake Winnipeg, ensuring we would have less beach closures due to contamination as a result of municipal and agricultural runoff and natural nutrient loads in Lake Winnipeg and throughout the entire watershed.

This watershed carries on, not just immediately around Lake Winnipeg. It includes almost the entire province of Manitoba, almost all of North Dakota, half of Minnesota and a bit of South Dakota. All of the southern prairies, including Saskatchewan and Alberta as well as northwestern Ontario all flow into Lake Winnipeg. It was a $14 million project over four years that invested heavily through Environment Canada into the scientific community, working with academics at universities throughout the watershed.

Unfortunately the Manitoba NDP provincial budget is completely mute on any new initiatives to protect Lake Winnipeg, to reduce nutrient loads, to ensure we can move ahead for a healthy rural economy and have a good fishery in Lake Winnipeg.

One of the things we have been talking about throughout Bill C-38 is the changes to the Fisheries Act and how those focus on improving the approval of drainage projects through rural Canada, especially those around agricultural lands.

All too often municipalities and farmers, in dealing with the Department of Fisheries and Oceans, had nothing but delay after delay to do things as simple as cleaning out a ditch, replacing a culvert, replacing a crossing on a provincial drain or ensuring a drain was expanded to handle the excess moisture that could be falling in agricultural areas from time to time. It was always classified as fish habitat.

We know it is not fish habitat. Most of the year those drains, ditches and culverts are dry. There is not a fish in them. The bill would remove that burden from the federal fisheries, allowing it to focus on actual fish habitat, being rivers, creeks and lakes. It would ensure that any project occurring in those natural habitats would done quicker and assessments would be done expediently, so those projects could be done in an environmentally sensitive manner and enhance and protect fish habitat. There will not be overly cumbersome processes on municipalities and farmers in conducting their drainage projects.

My area of Selkirk—Interlake has been hit extremely hard over the past five years by excess moisture. Therefore, we want to address this critical issue. We will do that through the federal budget.

In Manitoba, the province has enhanced permit processes happening through water stewardship and more delays happening for things like lagoons, grey water from farmyards and farmhouses, making it more difficult for people to live in rural Manitoba. That just does not fly very far. I represent a rural area and most people are getting quite perturbed by the attack on rural Manitoba, which the provincial NDP has done.

This all relates to flood protection. In economic action plan 2012 and Bill C-38, I am glad we are increasing funding for permanent flood mitigation efforts by $99 million over the next three years, which is available to the provinces and territories. We are particularly concentrating on ensuring we have flood mitigation in place to deal with the flooding we experienced in 2011.

Whether it was the flooding in the Richelieu Valley in Quebec, or the excess flooding in southern Manitoba and southern Saskatchewan or the excessive flooding we are still experiencing along Lake Manitoba in my riding, this will help the provinces and municipalities build those permanent dikes, put in place proper controls and infrastructure to protect farm land and property and to ensure cottage owners and people who live in those beautiful pristine areas along our lakes and rivers have the protection they deserve, the same type of protection they would get in urban centres, especially like the city of Winnipeg.

This is in addition to all the money that we are going to be pouring into Manitoba through disaster financial assistance arrangements. We are going to be paying eligible expenses based upon the size of the flooding and the cost of the flood. Over 90% of the funds will be coming from the federal treasury because the province of Manitoba has complained so much that it is being overburdened with the cost of the flooding. We provided a cash advance of $50 million to help it pay for upfront costs and to help homeowners, farmers, communities and municipalities deal with all the excess costs that they had in dealing with the flood last year.

Manitoba has essentially not given us any credit for doing that. It continues to complain, saying that its costs and its budget shortfall of $930 million is because of the flood. Its flooding costs have just been over $300 million to date, cash out of pocket.

The Manitoba budget this year was an admission of mismanagement. It had to hire more adjusters. It is a year after the fact and those adjusters have still not finalized claims. People are still waiting for their money. Municipalities have still not been paid for damage that was done, roads that were replaced and dikes that were built. It is just too little, too late from the Manitoba NDP government.

I am proud that over the years since we have been government we have been reducing the GST. We reduced the GST from 7% to 6% to 5%. That has been a huge help to taxpayers and consumers. It keeps the cost of everything lower, mitigating the increases that happen every time a tax is put in place. It just keeps snowballing out of control.

What did the provincial NDP do? Let us look at the example of gas. If gas is $1.25 a litre, reducing that gas by 2% creates a 2.5¢ per litre saving for Manitobans. But what did Stan Struthers do in the last provincial NDP government budget? He put in place a gas tax of 2.5¢ per litre. That is a tax grab. That takes away the savings that we had passed on to Manitobans and to all Canadians. That is highway robbery because everybody has to drive. In Manitoba, it is unfairly hurting seniors and those living on fixed incomes. It is a direct attack on rural Manitobans because they have to drive the farthest and the most often. They are carrying that burden.

The other thing I want to point out is the income tax difference. We have continued to introduce tax measures that reduce the amount of taxes Manitobans and Canadians are paying.

I want to look at an average income of $40,000. In 1999, the year that the provincial NDP came to power, the federal tax was 17% on the first $29,590 and 26% on the next $10,410. The total payable federal income tax at that time was $7,736. In Manitoba, the tax at that time was 48.5% of the federal tax. If the federal tax was $7,736, the provincial tax would have been $3,752. Premier Selinger, who was the minister of finance at the time, delinked the provincial tax from the federal tax.

In 2011, federal tax was reduced to 15% on personal income and the tax bracket was moved up, so it is 15% on the entire $40,000. An individual would owe $6,000 in federal income tax. The Manitoba tax, though, is 10.8% on the first $31,000 and 12.7% on the remaining $9,000 of the $40,000. That is a total provincial tax due of $4,495--

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 3:15 p.m.
See context

NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, that last comment from my colleague across the way about Canadians not being concerned about process is a keeper. Democracy is all about process and the opportunity for the public to engage in their political process.

However, today I take great pleasure in rising to speak to Bill C-38, the Trojan Horse bill.

My riding of Beaches—East York is an urban riding, and it is through that lens of urban reality, not exclusively but primarily, that my constituents look at Bill C-38, which is before the House today.

This is not just true of my riding. In our mind's eye this is a country of great lakes, rocky mountains, craggy coastlines and broad expanses, but about 80% of Canadians live in urban centres. We are an urban nation. This is important to recognize, because it is this reality, not some romanticized mythical or historical place, that the Conservatives have been elected to govern. However, the urban fact of this country is something not at all recognized by the government, as evidenced by this and successive budgets and this budget implementation bill. Simply speaking, cities and the urban experience do not seem to form any part of the government's understanding of our country or its citizens. Cities have been left out of this budget and this bill, as have those who live in them.

We all know by now the Federation of Canadian Municipalities' estimate of the urban infrastructure deficit. It is about $120 billion. That is an old number now, and surely an underestimate, because so little has been done to address this deficit and so few investments have been made in our cities. Another year comes, another budget comes; another year goes and another budget goes, with nothing done that can be considered remotely meaningful to address the matter.

There is no commitment to urban transit, even though many studies by many credible organizations—including the OECD, the Toronto Board of Trade in my own city and Statistics Canada—tell us that at least in Toronto, our lives are wasting away in traffic jams and on inadequate public transit. Our economy is losing billions of dollars annually in lost productivity because of that.

There is no commitment to affordable housing, even though in Toronto 70,000 households—about 200,000 people in all—wait interminably on a waiting list for affordable housing. Last week a constituent of mine, Paul Dowling, took me on a tour of 40 Oaks, a new 87-unit affordable housing project in downtown Toronto. The project has been much celebrated in the media and the community, not just because of its architectural and design features, which are wonderful and spiritual, but also because new affordable housing is so very rare. It is so hard to get built and yet of such tremendous value. It took Paul and the Toronto Christian Resource Centre eight long years and countless hours of volunteer time and fundraising to build a home for people who needed a home and a community hub for people who needed a place to be with others. There could be, should be and need to be many such buildings in our cities, but of course the current government is not a government to respond to these needs, because it is a government that creates these needs.

Blame for the state of our cities cannot be laid entirely at the feet of the government. It is following a path set out by its predecessors of both Liberal and Conservative persuasion. It has all been quantified by the OECD. Canada has the seventh-greatest level of income disparity among 29 advanced countries. The richest 1% of Canadians saw their share of total income increase by 65% from 1980 to 2007, and the richest 0.1% of Canadians saw their total income more than double over the same period, as successive Liberal and Conservative federal governments took down the very barriers we had once erected to offset income disparity.

Toronto, my city, had for a long time been known as a city of neighbourhoods. It was an apt description, at one time, of a Toronto largely made up of mixed-income neighbourhoods. In 1970, two-thirds of Toronto's neighbourhoods were middle income. In just over a generation, our city of neighbourhoods has become, as David Hulchanski describes in his “The Three Cities Within Toronto” study, “a city of disparities”. The middle has been, and continues to be, hollowed out. If we continue down this path, less than 10% of our neighbourhoods will be middle income in just a decade or so.

A number of factors are responsible for what has become of Toronto. In large part, it is the result of a dramatic change in both the number and quality of jobs available to Torontonians.

Toronto has lost about 100,000 manufacturing jobs in less than a decade. The broader economic region of southern Ontario has lost about 300,000 manufacturing jobs. Many of these jobs have been lost as the result of a trade policy that establishes bilateral trade agreements with low-wage economies. The outcome, alongside the creation of a ballooning current account deficit, is the destruction of good manufacturing jobs and an expansive middle class that goes along with them. The government's commitment to pursue more vigorously such trade agreements will only hasten the decline of good jobs in Toronto and the demise of the middle class.

A recent study lays out about half of these job losses at the feet of so-called Dutch disease; that is the decline in the manufacturing sector caused by increased development of natural resources and corresponding currency escalation. This bill's savaging of environmental protections will only again hasten the demise of good jobs in Toronto and the demise of the middle class.

In place of good jobs are jobs that all too often leave workers in poverty. According to a recent Metcalf Foundation study, as of 2005, nearly one in ten workers in our city are living in poverty, but too many more cannot find work, especially Toronto's youth, with an unemployment rate creeping up on 20%.

Finally, and most offensively, it is into such a labour market the government proposes to force our seniors. With this budget, the government has at last decoded for us the Prime Minister's remarks in Switzerland in January about transforming our pension system. With Bill C-38, the government is about to implement these changes. Effective 2023, all Canadians not yet 65 years old can anticipate having to work longer before receiving their old age security and corresponding guaranteed income supplement.

As the federal budget and its implementation bill reveal, the government cannot imagine Canada as anything other than resource dependent. Most Canadians, certainly the 80% of us who live in cities, have been hoping for a different and more promising future for a long time. This lack of vision will be felt across urban Canada and in Toronto, most certainly.

There are ways to unwind the vicious spiral that has gripped our city, but our course will not change without adequate leadership from the federal government. In other G8 countries, governments have become major players in the financial, economic and cultural life of their cities. It is well past time for ours to do the same.

Canada's cities await the chance to be great. We await a federal government that finally understands that a city must be organized and its resources must be marshalled for the benefit of all of us who share the space. None of us succeed, much less thrive, as citizens of Canadian cities if we do not build cities that serve us all well. With this federal budget, we are forced to wait longer for cities and their citizens to fulfill their great potential.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 3:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member needs to recognize that the government is actually using the budget debate, Bill C-38, as a back door for passing significant pieces of legislation, which is a precedent in itself.

Over 400 pages are in the budget bill, a bill that should have had 20 pages. There are well over 400 pages, of which 120 deal with the environment. This will have a profound impact on generations of Canadians during the years ahead. It should have been brought in as separate legislation. That approach would have afforded the House the opportunity to debate the legislation, take it to committee on its own, have experts from across Canada come and contribute to the debate, and then bring it back to the House for third reading. That would have been due diligence. That would have been the right way to do it.

Why has the government used a back door for so many piece of legislation that should have been brought in separately?

The House resumed consideration of the motion that Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, be read the second time and referred to a committee, and of the amendment.

Business of the HouseOral Questions

May 10th, 2012 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, our government's priority is, of course, the economy. We are committed to job creation and economic growth.

As a result, this afternoon we will continue debate on Bill C-38, the jobs, growth and long-term prosperity act. This bill implements the budget, Canada's economic action plan 2012, to ensure certainty for the economy.

For the benefit of Canadians and parliamentarians, when we introduced the bill, we said we would vote on it on May 14. The second reading vote on the jobs, growth and long-term prosperity act will be on May 14.

After tomorrow, which will be the final day of debate on this bill, we will have had the longest second reading debate on a budget bill in at least the last two decades.

On Monday and Tuesday we will continue with another bill that will support the Canadian economy and job creation, especially in the digital and creative sectors.

We will have report stage and third reading debate on Bill C-11, the Copyright Modernization Act.

This bill puts forth a balanced, common sense plan to modernize our copyright laws. Committees have met for over 60 hours and heard from almost 200 witnesses. All of this is in addition to the second reading debate on Bill C-11 of 10 sitting days.

After all that debate and study, it is time for the measures to be fully implemented so Canadians can take advantage of the updated rules and create new high-quality digital jobs.

Should the opposition agree that we have already had ample debate on Bill C-11, we will debate Bill C-25, the pooled registered pension plans act; Bill C-23, the Canada–Jordan free trade act; and Bill C-15, the strengthening military justice in the defence of Canada act in the remaining time on Monday and Tuesday.

Wednesday, May 16, will be the next allotted day.

On Thursday morning, May 17, we will debate the pooled registered pension plans act. This bill will help Canadians who are self-employed or who work for a small business to secure a stable retirement.

In the last election, we committed to Canadians that we would implement these plans as soon as possible. This is what Canadians voted for and this is what we will do.

If it has been reported back from committee, we will call Bill C-31, the protecting Canada's immigration system act, for report stage debate on Thursday afternoon.

Business of the HouseOral Questions

May 10th, 2012 / 3:05 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Mr. Speaker, it is obvious that the government does not want to listen to Canadians, does not respect parliamentary conventions, and does not want to split Bill C-38, the Trojan Horse.

This bill will gut environmental protections, take money out of the hands of pensioners and further reduce the powers of the Auditor General.

I am wondering what else the government has in store for Canadians.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:50 p.m.
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Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, giving a speech on Bill C-38, the budget implementation act, is a true honour for me. We are dealing with one of the most substantial budgets in decades and it is extremely important to the future of the country.

Before I get into that, I am very surprised at what I have heard over these last days of debate on the bill. I have heard members say, “That is there, and that may be all right, but there is something hidden, and it is such a big document, we cannot study it”. They say that they do not have enough speaking time, yet the member for Burnaby—New Westminster took 11 hours in a filibuster, which deprived 44 members of a chance to speak to the bill.

What were we to do? Were we to let every member of the House filibuster for 11 hours? We could have been years on the bill. We have to deal with the bill. We hear a lot of nonsense from the members opposite, but quite frankly that nonsense does not cut it. What is in the bill is very significant and important to the future of our country, and it is extremely positive legislation.

I will talk about one part of the legislation, and that is the responsible development strategy. This part of the legislation is truly the most significant change that any government in our country has made in decades. It is extremely important, and I will give hon. members an idea of why I believe that in the 10 minutes I have.

First, we have heard from companies across the country that they want to invest about $500 billion in 500 major projects in the next 10 years. That is a lot of investment. That investment is not just in Alberta, Saskatchewan and British Columbia. That investment is right across the country. There would be huge investments in Atlantic Canada and in Quebec. In Ontario the ring of fire is a mammoth project. It is almost unimaginable, judging from what we heard from witnesses at our natural resources committee.

This is extremely significant and important legislation, and the part on responsible development is pivotal in the future of the country. It will mean our children and our grandchildren, and even our great grandchildren, will have extremely good, top-notch, top-paying jobs, jobs that are fun to go to every because they are exciting and people can really make things happen. This change in legislation will allow that to happen.

I chair the natural resources committee. We have been hearing from witnesses on various studies, most recently resource development in northern Canada. We did a major study on forestry in Canada. We did a study on the ring of fire in northern Ontario. We have done some fascinating studies and we have heard four main concerns from witnesses on development.

Almost all of them brought forward these concerns. This is not only from business owners and business managers. This is from union leaders who are concerned about future jobs for their members. It is from community leaders. It is from a wide range of people right across the country. They say that these things have to change in order to allow Canada to develop these incredibly good jobs for our children and grandchildren.

From almost all of the witnesses, we heard there was an infrastructure need. Much of that infrastructure the companies themselves are willing to put in place. It is that important to their projects. A lot of resource companies have some cash right now so they are willing to do that. For those who follow, they are willing to make an arrangement so that they pay for the development of infrastructure they put in place.

That includes the obvious things like roads, bridges and that kind of thing. It also includes something else, which is an even bigger problem for many of these natural resources developments, and that is a power supply. They need a relatively small power supply for running a mine, for example, but they need a much larger power supply if they are to add some value right at the site and if they are to refine the ore into one of the end products, or all of the end products. That takes a lot larger electricity supply, and getting that supply is a major infrastructure demand.

Many companies can do that, working with other companies. Some have suggested that maybe there might be some need for either provincial or federal government lending or some such thing, but infrastructure is an important thing.

The second thing almost every witness talked about, and this is not an exaggeration as anybody sitting on the committee would know, is the shortage of skilled workers.

A lot of people think the shortage is only in western Canada. However, that is not the case. The shortage exists in every province and territory in the country. Now it is not in every town. As we know, some communities have very high rates of unemployment. However, that shows another problem that we will start to deal with in the budget implementation act and in our budget. It makes that connection between the areas of relatively high unemployment and the desperate need for skilled workers. I will talk more about how we will do that a little later, but it is a connection that we have gone a long way to make in this budget. We have done some of that over the past few years, but there is more to be done.

As there is an incredible need for skilled workers, we have put more money into post-secondary education, universities, technical schools and community colleges so our kids can get their education closer to home. All of that is helping to solve this problem.

Also, this shortage has become a huge opportunity for first nations across the country. Almost every one of these resource development projects is near or involves a first nation community. We know that in many of these communities there is a high level of unemployment, so this opportunity is there.

Many of our companies across the country are taking advantage of that source of workers by offering not only training but teaching these people how to get into the workplace to get some of the top-notch jobs that are available. That is a benefit of the skilled worker shortage. We are getting first nation people much more involved, sometimes through their own companies and sometimes through working for someone else.

Third, if we are going to have these developments take place in Canada, we have to become more competitive.

Canadians simply are not very competitive. For example, we are not competitive compared to our American neighbours. Therefore, if we want to keep these high wage jobs and if we want to create more, then we have to become more competitive. We have to do that through new innovation, new technology, et cetera. We have a major focus in the budget on exactly that and we will move ahead with it. This third area is of great concern to all companies and we will deal with it along with them, because they often take the lead on that.

Fourth, we need a better regulatory system. These companies have made it very clear that they can either invest their $500 billion in Canada or they can take it anywhere else in the world, and they mean it. They are not married to our country; they can go anywhere. Therefore, we have to ensure we get these projects in Canada and that means improving our regulatory approval system. A lot of the budget is about that. We have to improve the process for not only for large projects, but for small projects as well.

I have heard from municipalities across the country about the difficulty they have when they put a larger culvert in to move water across the road. The cost of doing that is triple in many cases because the regulatory process runs interference.

For large and small projects, we need to have a streamlined regulatory process. Does that mean we will ignore the environment? It is exactly the opposite. Instead, we will have a focused environmental process that will bring together the federal, provincial and local governments, first nations and private business. Together they will go hand in hand sharing information and expertise. The end result will be a better environmental assessment process and there will be more certainly in that process. Therefore, these companies will be willing to invest their money if there is certainty. If they know the government part of the process for a major project will not take more than two years, they can live with that and go ahead with their investment.

I cannot overstate the importance of what is being done through the budget, particularly through the common sense approach to the regulatory process reform. I am proud to stand as a member of the Conservative caucus. I am proud to be a part of what will be the most significant government action taken for generations to come.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:45 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, one of the sleeper issues that we are only just finding, deep in the bowels of Bill C-38, is that the bill repeals the Fair Wages and Hours of Labour Act. This came as a shock to me. Any federally-regulated construction project now has no federal fair wage employment standards. That includes military bases, prisons, telecommunication projects, banking, ports or cross-border, interprovincial projects such as pipelines.

Is it not a happy coincidence that pipelines no longer have any minimum standards, where the prevailing rates have to be paid to tradespeople, or any limitation on the hours of work they can work without any overtime? The Conservatives know full well these companies will not get Canadian tradespeople at $10 an hour for a 60 hour work week with no overtime, but they open the door to temporary foreign workers. With only 10 days' notice now, companies can get as many temporary foreign workers as they want.

Why would the Government of Canada sell out Canadian construction workers, drive down the prevailing wages and open the door for temporary foreign workers to eat our lunch on one of the biggest construction projects in the history of North America?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:35 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to have a few minutes to talk about this omnibus bill, this huge 400- to 500-page budget bill, which is going to change the face of Canada. The bill is full of bundled information. I am disappointed that, instead of dealing with something that is maybe 50 pages, we have to try to dissect something that is 400 or 500 pages and full of all kinds of changes to everything we could possibly think of.

I have been here now for 13 years. I have been in cabinet. I have been on the back bench and I have been on the front bench. I have been in opposition and in government. I have never seen such a lack of respect for democracy in this country and for the Parliament of Canada and parliamentarians as this attempt to put all of this into an omnibus bill that would change so much with so little input from Parliament. The bill is designed specifically in a way that undermines the essential and historic role Parliament plays in writing and passing good and sound laws.

Bill C-38 attacks old age security and would implement budget 2012, which the Liberal caucus clearly opposes.

The bill includes many other items, including the gutting of 50 years of environmental protection.

Bill C-38 should not be a single omnibus bill, and for these reasons and many more, I will be opposing this legislation quite happily.

Bill C-38 would make sweeping changes to 60 different acts of this Parliament. It would rewrite a generation's worth of environmental regulation and oversight and roll back assistance for low- and middle-income seniors.

Bill C-38 would change program rules such as the employment insurance rules that would affect claimants' ability to reject jobs that are not within the field associated with their expertise. Just imagine being on employment insurance. Never mind being told one must take a job 50 miles away, but one must take a job possibly all the way to the west or to the east. Imagine what that would do to a family. It is bad enough to be unemployed without being forced to relocate away from family and all of the struggles that are there. It is all just part of the meanness that is clearly evident in the government. A lack of concern and a lack of compassion for Canadians is what it is all about.

I have no concern with change. Frankly I welcome change. I would welcome an opportunity to truly debate the bill, as would all of us. Our role here is to make Canada better, not to support making Canada worse and treating its citizens with disrespect.

Parliament has a constitutional role that includes spending oversight. Even the Conservative government cannot sidestep that, even though it is not for lack of trying.

The government has already moved and passed closure on the bill, limiting debate within the House. Rest assured; that will come back and the government will pay a price for that, if not today, then tomorrow.

The Conservative government has pursued a policy of forcing committees into closed sessions at every opportunity, further locking Canadians out of the parliamentary process. The Conservatives have set up special rules for senators that they are refusing to allow for elected members of the House. What are they so afraid of? Openness, public debate and discussion are allowed in the Senate but not allowed here in the House of Commons where we are truly supposed to be having that kind of debate.

We did have some success in the Senate though. The Liberals asked that the bill be split up so that the relevant Senate committees could study it, just exactly the kind of thing we asked for a couple of weeks ago here in the House. The Conservatives would not allow that because we might actually debate important issues that they might disagree with. There was a time when the Prime Minister rallied against the other place, but today he seems prepared to give it every consideration as long as it does what he wants.

There was also a time when the Prime Minister rallied against heavy-handed and reckless governing, but now that he is in charge he seems to enjoy it. These are not his first policy reversals, though, since becoming Prime Minister. Conveniently forgetting his election promises seems to be a speciality of the Prime Minister.

The bill attacks a variety of things, including our immigration laws. The bill would allow foreign workers who have come to Canada, be they seasonal or temporary, to be paid less than people working beside them.

Just imagine what that would do to the reputation of this country. We are looking to exploit people who are basically just looking for a day's pay, coming from another country for a short period of time, leaving their families and homes, to fill a need we have. We would pay them less than anybody else who is doing that job.

The bill would also raise the age at which seniors can get a pension. It would take $30,000 out of the pocket of every Canadian, while the government members stand back and say they are reducing taxes, or doing this or that. They would take $30,000 out of the pocket of every Canadian who is 54 years of age and under.

The budget would rewrite the Canadian Environmental Assessment Act, handing power to cabinet, to be used behind closed doors. It would amend the Canadian Oil and Gas Operations Act, the Nuclear Safety and Control Act, the Fisheries Act, the Species at Risk Act, legislation that is all related, interestingly enough, to the northern gateway pipeline. One has to wonder what that is all about. It would not affect some areas, but specifically those areas, to get rid of what government members continue to see as roadblocks to their ultimate goal, which is to see that pipeline go through.

As I indicated before, the Prime Minister and the government are breaking a specific promise. The Prime Minister indicated two months before the election, in March 2011, that he would not change the health transfers. He would not cut health transfers or social payments, or touch pensions. That was in March 2011.

Now what is the Prime Minister doing? He is ignoring the advice of the worldwide OECD, Canada's chief actuarial officer, his own Parliamentary Budget Officer and even the government's experts, who all agree this change is not necessary, as Canada's OAS program is already and will continue to be sustainable. Worse yet, he is betraying the trust of Canadians, as all the government members have done. None of them have stood up and opposed it. None of them have had the courage to do that. This change is going to hit Canada's most vulnerable people.

Some of these changes negatively alter federal protection of waterways and limit the list of protected species, without a scientific basis, which is always the way the government does it. Never mind evidence-based science that shows one should not do this or that; it is all about political expediency.

Some of those changes to immigration would affect 100,000 immigration applications made by people who want to come to Canada, which have been in the queue for years. What does the government do? It throws them all out. It does not care. Let people start all over again. They will never get to this country in their lifetimes. Some of those changes would fundamentally change the way we welcome new Canadians to this country.

We at least owe it to Canadians to fully vet and debate the changes. That is what democracy is all about. It does not work in secret. That is not the way it is supposed to happen in Canada.

Bill C-38 would radically shift power from publicly accessible oversight and regulatory mechanisms to the bloated autocracy found within the Prime Minister's office. Bill C-38 is essentially a document that wrestles power from Parliament and Canadians and places it directly into the waiting hands of the Prime Minister.

I have to ask how long it will take before the Prime Minister will approve the northern gateway pipeline, after environmental oversight is removed. I do not think it is going to take very long.

I ask what the next cuts are that are going to happen, whether to seniors or other Canadians. What are the other things that are considered by this government to be irrelevant, that it does not care about and has little respect for?

This is just the beginning of many, many changes that are going to come to this country of ours that we call Canada. Clearly, in 2015, with these changes coming through, Canada will not look the same.

I for one, as a parliamentarian, find it very sad that we are also being denied the chance to debate these issues. It is one thing to have a healthy debate on them, where we respect each other, and something passes. That is the way it is. To have these changes made while muzzling everyone is truly a slap in the face for democracy in this country.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:15 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, my colleague is making stuff up. Nobody has ever said that he or she will shut down the oil sands. People have said that they would develop the oil sands in a responsible and environmentally sustainable way.

Here is a fact that maybe my colleague does not know. I will bet dollars to donuts that he does not know that Bill C-38 repeals the fair wages act. I also bet that he does know that fully 30% of all the jobs created in this country from 2007 to today have been filled by temporary foreign workers, not by Canadians, and not just in high paying jobs but at Tim Hortons and as chamber maids in hotels. The reason Canadians are not taking those jobs is because of their lousy wage. Maybe if people paid a living wage, Canadians would apply for those jobs.

Temporary foreign workers is not a human resources strategy. It is the polar opposite of a human resources strategy. It is admitting defeat.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 1:05 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, we keep unearthing all these little treasures hidden deep in the bowels of Bill C-38 that we did not even realize were being snuck into this omnibus bill. Now we know why they were put there and their significance.

Bill C-38 repeals the Fair Wages and Hours of Labour Act. This is the construction fair wages act for the federal jurisdiction. For 100 years, we have been fighting for fair wages and working conditions for the construction industry. It is an industry with a transient workforce. Contractors and the like can exploit desperate working people in the construction industry if we do not have regulations that prevent them from doing so. This legislation took wages out of competition so that contractors would win their jobs based on their merits, skills and productivity, not on their ability to find cheaper labour because, by virtue of the fair wages act, it was agreed that it does not benefit anyone.

We have a quaint expression where I come from that “fair wages benefit the whole community”. It is virtuous to have a well-paid, consuming, middle class. It is good for the economy. Driving down the wages of Canadian workers is in no one's best interest. Members would know that the federal government is one of the largest consumers of construction industry services in the country. This act applied to any construction project contracted by the federal government, including military bases, prisons, ports, banking and telecommunications. The Canada Labour Code, which is the federal labour code, applies to all of those including projects that go across provincial borders. What comes to mind when we think about large projects that might span interprovincial borders are pipelines. We have unearthed now that deep within Bill C-38 the federal government has eliminated the fair wages and working conditions that are found in this act. It has completely eradicated that.

The act also states that contractors, whether unionized or non-unionized, have to pay the prevailing wage. This is usually determined by the Minister of Labour by consulting in that area what a normal prevailing wage would be, not the union scale but somewhere in the same living-wage ballpark. As well, it sets the hours of work, including that no construction worker has to work more than 48 hours without time and a half overtime.

All of that has been eradicated. Now, a contractor can bid on one of these federal jobs and post a job notice saying “Wanted: Carpenters, $8 an hour, 84 hour work week, straight time”. No one will apply for that job, which opens the door to the other side of the coin, to mix a metaphor.

The other side of the coin is that the government has changed the laws for temporary foreign workers again by virtue of recent legislation to the point where a contractor can get temporary foreign workers within 10 days. Where do they come from? They are not some unemployed guys in Bangladesh who notice a job opportunity in Winnipeg, Manitoba. Rather, they come from international labour brokers who are peddling crews of temporary foreign workers all over the world for construction projects. We call them labour pimps. Unfortunately, many of the workers working for these international labour brokers are working in a form of bonded servitude for substandard wages with substandard living, health and safety conditions. Not only are they exploiting those temporary foreign workers, they are also driving down the wage and industry standards of Canadian workers by virtue of these contractors who will undoubtedly win every job.

I know construction. I am a journeyman carpenter. I spent my whole life in construction. I used to be a representative of the carpenters' union. I know the margins that construction contractors play with. There is only 2% or 3% between this bid and that bid. It is very competitive. Contractors who bid a job by pricing out labour at 20% and 30% and 40% lower than their competitors will win every job, every time. They will drive down the prevailing wage, because those other contractors will now have to start bidding lower if they are to ever win a job.

To whose benefit is it to drive down the fair wages of Canadian workers? Let me point out a secondary problem this raises. How are we going to attract bright, young men and women into the building trades if the normal wage is now going to be $8, $9 or $10 an hour instead of the $20 or $30 that it is now? Try feeding a family on $8, $9 or $10 an hour. Nobody in his or her right mind is going to go into that industry. We are going to have temporary foreign workers all over again. This is a recipe for undermining the integrity of the construction industry. I believe it is set up specifically to enable the construction of interprovincial pipelines, which used to be subject to these fair wage standards. It is going to create an open door for contractors to avoid paying fair wages to Canadians and these things are going to be built with temporary foreign workers.

Let me provide a recent example. Unfortunately, the pulp mill in Gold River, British Columbia closed down due to normal market forces. The pulp mill was sold to China. Instead of hiring locals to tear down the pulp mill, the 400 men and women who worked there all their lives and knew every nut and bolt in the place, the mill owner applied for temporary foreign workers. The permit was granted. I have a copy of the application. It asked if the mill tried to find Canadians to do the job. The answer was yes. It asked for the reason it did not hire those Canadians. The answer was that the price was too high. Therefore, it brought in crews of guys from India, who sleep six to a hotel room, to tear down the pulp mill while Canadian workers were outside the fence looking in, wishing they had another 12 weeks so they could get a pogey claim at least.

These temporary foreign worker permits are being given away like party favours at Conservative Party conventions to anybody who asks for them. Now the rules have been changed to make it a 10-day turnaround. A company posts an ad in the paper saying carpenters are wanted for $8 an hour, no overtime, no benefits. Nobody applies for the job. Within 10 days, that company has a crew from an international labour broker pimp who is going to provide all the manpower for that job.

Another example is the Winnipeg international airport. Winnipeg is very proud of its airport. Why is it that unemployed Canadian carpenters were outside the fence watching a crew of temporary foreign workers build that airport? It is simple. It asked the government for it. The crew consisted of 80 guys from Lebanon. The last job they came from was in Latvia, where they built another big concrete job. These guys are moved all over the world because it is cheaper than paying Canadians a fair wage. Companies would rather pay foreign nationals, not landed immigrants but foreign nationals, our wages. They are eating our lunches and those jobs should be going to Canadians.

As if there were not enough to criticize in Bill C-38, the government has just repealed the Fair Wages and Hours of Labour Act. It makes one wonder what kind of a government is opposed to fair wages for Canadian workers. How many trusting blue-collar workers look to their government for support, not to undermine their living conditions? In its zeal to smash the unions, the government is dragging down the standard of living for the largest-employing industry sector in the country: the construction industry.

I know who is behind it: the merit shop contractors. They are regular and frequent visitors in the PMO. They went to the PMO and said, “It would be really great if we could win all the jobs. We win some of the jobs now, but it would be great if we could win all the jobs”. The government asked, “How can we help you?” They said, “Just eliminate the Fair Wages and Hours of Labour Act and then we can offer whatever wages we want, with no restrictions and no controls”.

It used to be that companies had to pay employees time and a half after 48 hours when they should have been paying them time and a half after 40 hours, but that was not good enough. Now they do not have to pay time and a half at all. Minimum wage is the only prevailing wage now, and I mean the provincial minimum wage, on these projects. It is destructive and counterproductive.

It is in nobody's best interest to ratchet down the wages and working conditions of Canadian workers. It is bad for the economy. The government says it is doing these things because it is good for the economy. What is good for the economy are well-paid, consuming, middle-class workers who are buying cars, houses and jeans for their kids, not people who are driven into the poorhouse by their government.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:50 p.m.
See context

Edmonton—Mill Woods—Beaumont Alberta

Conservative

Mike Lake ConservativeParliamentary Secretary to the Minister of Industry

Mr. Speaker, I rise today in support of Bill C-38, the jobs, growth and long-term prosperity act as this legislation is vital to the implementation of the economic action plan 2012.

Economic action plan 2012 is a positive plan that will ensure Canada's economy remains strong. It is already forecasted to be at the head of the pack for economic growth in the G7 in the years ahead by both the independent International Monetary Fund and Organisation for Economic Co-operation and Development.

In the words of former Liberal finance minister John Manley, current president of the Canadian Council of Chief Executives:

Budget 2012 builds on our country’s reputation for fiscal responsibility, while at the same time establishing a more positive environment for private sector investment and growth.

In my time today I would like to focus on the necessary adjustments today's bill would make to the old age security program, or OAS, to ensure its long-term sustainability.

In 1952 the old age security program was launched, and I think we can all agree it was a very different world. At the time, life expectancy was significantly lower than it is today. Government policy-makers built the program around the understanding that seniors would be collecting OAS for only a few years after retirement. They also assumed there would always be a sufficient number of younger workers to finance OAS benefits through taxes. Because of these two assumptions, they were confident that the cost of the OAS system would continue to be manageable.

Those policy-makers could not have predicted 60 years ago the rise in longevity or the fall in our birth rates. They could not have anticipated how these two trends would threaten the sustainability of the OAS program. Let me be clear. This is not an issue of how much money will be saved, but rather whether the OAS program will be sustainable over the long term.

We want to ensure these benefits will be there for future generations when they need them. According to the World Health Organization, average life expectancy in Canada is one of the highest in the world. It is now almost 81 years, and it is increasing. Already one in seven Canadians is over the age of 65 and in 25 years nearly one in four Canadians will be a senior. The number of basic OAS pension beneficiaries is expected to grow from $4.7 million in 2010 to $9.3 million by 2030.

Canadians can be rightfully proud of our public pension system, which has been influential in dramatically reducing the incidence of poverty among seniors and enhancing their dignity and independence. As I said, the world has changed. When I say the world, I mean every country.

The demographic trends we are seeing in Canada are occurring all over the globe. Life expectancy is rising and birth rates are dropping. Population aging is happening more quickly in industrialized nations, which is why many of those countries have already moved to adapt their retirement support programs to account for this new reality.

In most cases, industrialized nations are raising the age of eligibility for retirement benefits, as this is the simplest and most effective way to ensure the sustainability of the program. Of the 34 nations in the OECD, 22 have made or will make the kinds of changes we have now proposed. Thankfully, because of the strong economic leadership of our Conservative government, Canada has the fiscal room to bring in these changes over a longer period of time.

Our government has pointed out that by 2030 there will only be two working age Canadians for every retired Canadian. If we do not adjust OAS, those two working age Canadians will support the tax burden that is currently shared by four working age Canadians.

Times change and government policies and programs must change with them. I would ask the NDP members to pay close attention to the words of Keith Ambachtsheer, director of the Rotman International Centre for Pension Management. He said:

You can't put your head in the sand...When you look at the underlying economics of what's going on...It's perfectly logical in a general sense to say, yes we're going to have to look at all social programs because of these demographics that are baked into the pie. There should be nothing surprising about that.

This is why we are making modern changes to OAS to strengthen it for the future.

We will gradually increase the age of eligibility for OAS and the guaranteed income supplement benefits from 65 to 67. This change will start in April 2023, with full implementation by January 2029, and will not affect anyone who is 54 years of age or older as of March 31 of this year. We owe it to future generations to leave them a solid OAS program and an affordable tax burden. We understand that we have to make these changes in a sensible way. That is why these changes do not apply to seniors or near seniors, and there will be no reduction in benefits to seniors.

We are also making other significant positive reforms to OAS through today's act. To improve flexibility and choice in the OAS program, starting on July 1, 2013, we will allow for the voluntary deferral of the OAS pension for up to five years, allowing Canadians the option of deferring take-up of their OAS pension to a later time and receiving a higher actuarially adjusted annual pension.

We are also putting in place a proactive enrollment regime for OAS and GIS to reduce the burden on seniors of completing application processes and reduce the government's administrative costs, a major positive change.

In the words of noted personal finance author, Gordon Pape, writing in the Toronto Star, it is:

—a welcome elimination of bureaucratic red tape that should have the effect of putting a lot more money into the hands of seniors....This means that many people will no longer have to apply for benefits when they turn 65 – the payments will come automatically.... The potential gain for seniors is huge....any change that simplifies the process and gets some of that foregone money into the hands of needy seniors has to be welcome.

Our government is proud of our record with respect to seniors. We have increased the GIS to help Canada's most vulnerable seniors and we increased the GIS earnings exemption. We have provided $2.3 billion annually in additional tax relief to seniors and pensioners. We have abolished the mandatory age of retirement in federally-regulated industries so older people have more choice as to when they retire.

We have increased funding for the new horizons for seniors program to support seniors who want to participate in community projects. We are supporting healthy and active aging through a number of initiatives and we are funding projects to combat elder abuse.

All of these policies and programs will be adapted to meet new needs and circumstances of seniors as they evolve. In the same way, old age security must also adapt to new needs and circumstances. That is why the provisions in today's bill are the right thing to do and why I call on all members to support it.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:35 p.m.
See context

NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, I rise today to speak in opposition of Bill C-38. As the Conservatives' first budget as a majority government, the budget implementation act serves as a road map to the government's priority for these four years. Let me say that the future does not look very green.

The biggest theme I drew from this budget is the government's focus on large industrial projects as the key to Canada's economic success. Behind the guise of such words as “streamlining” and “modernization”, the government is stripping away long-standing protections for our environment from short-sighted, unsustainable development projects such as, for instance, the Enbridge pipeline proposal.

One-third of the budget implementation act is dedicated to gutting environmental laws that protect Canada's fisheries, rivers, oceans and ecosystems. With the stroke of a pen, the government would eliminate decades of progress, condemning future generations to deal with its mess.

I would like to speak on the changes to the Fisheries Act the Conservative government is attempting to sneak through in this Trojan Horse budget implementation act. These changes are an undemocratic and egregious abuse of power that would do permanent harm to the ecosystem and to Canada's fisheries.

Let us make no mistake: these are radical and dangerous changes. Rather than prohibiting the harmful alteration, disruption and destruction of fish habitat, it would narrow habitat protection to apply to those activities that would harm “...fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery”. The Conservative government does not seem to understand the concept of an ecosystem or biodiversity. If the Conservatives did, they would know that they cannot protect only one species of fish and forsake the others.

The Conservatives would like Canadians to think that they care about creating jobs, yet Western Economic Diversification Canada would be cut by $16.3 million by 2015. Our economy in western Canada is still facing economic challenges, and we need Western Economic Diversification Canada to assist in the development of new industry and jobs. Downturns in commodity prices generally lead to volatility in western Canada, particularly in forestry, agriculture and manufacturing. Canada's New Democrats believe we should invest more in research and development, encourage more participation by aboriginal peoples and get people properly trained for jobs for the future.

For months I have heard from constituents who are furious with the government for raising the age of eligibility for old age security from 65 to 67. Canadians understand that our demographics are changing, but these negative changes to OAS are motivated not by statistics but by ideology.

Canada is one of the wealthiest countries in the world, and the old age security program is sustainable in the long term. Seniors who would be hit hardest by these changes are those who have worked all their lives for modest incomes at jobs that often take a toll on their bodies. Instead of raising the age of retirement, Canada's New Democrats continue to put forward practical solutions that would strengthen Canadians' retirement security. We propose working with the provinces to increase CPP, with the goal of eventually doubling benefits. We also propose increasing the guaranteed income supplement. This measure alone would immediately lift every senior in Canada out of poverty.

I have also heard from constituents who believe that the government's move to eliminate all funding for Katimavik is short-sighted. Past participants have written to me to describe the multitude of economic and social benefits that this program brings to communities across Canada. The government's cuts to youth programming come at a time when the youth unemployment rate in Canada remains at over 14%. That is double the national average.

Budget 2012 also outlines millions of dollars in cuts to the Canadian Food Inspection Agency, including the elimination of 100 food inspection positions. Canada's New Democrats are calling for the reversal of these cuts so that Canadian consumers can be assured that their food is safe to eat.

Despite repeated election promises to maintain support for our public broadcaster, the Conservatives are cutting CBC's budget by almost 10%. These deep cuts will result in significant programming cuts and hundreds of jobs lost. More troubling is the government's move to weaken the public pillars of Canadian culture rather than to invest in a more vibrant, innovative and creative future.

In my riding, constituents remain concerned about chronic overcrowding in the ERs of Royal Columbian Hospital and Eagle Ridge Hospital, as well as long surgery wait times and expensive prescription costs. They look to their federal government to provide leadership by enforcing national health care standards and implementing long-awaited reforms. Instead, the government seems more concerned with downloading responsibilities to the provinces and territories, which will inevitably result in increasing disparities in the quality of health care among the provinces and territories.

Small businesses are also looking to the federal government for leadership. While I was pleased to see that budget 2012 extended the hiring credit for small businesses, more needs to be done to ensure small and medium-sized businesses continue to be the job-creating engine of our economy. I have been consulting with small businesses in my riding; they overwhelmingly support an overhaul to regulations governing credit card processing fees. It is time to make the system more fair and more transparent.

I have heard from constituents who continue to be frustrated by the lack of adequate public transportation infrastructure in our communities. While the federal government continues to ignore this vital issue, cities across our country lack a mechanism for sustainable, predictable and long-term funding. Canada's New Democrats propose a national public transit strategy as well as immediately allocating another cent of the existing gas tax to public transit funding for municipalities.

Let us focus on getting more cars off the road and reducing commuter-caused pollution by ensuring municipalities have the tools they need to build public transit systems that are forward-thinking and that contribute to building healthy, sustainable communities.

While our economy is said to be in recovery, many Canadians remain unemployed or underemployed. The majority of Canadians live paycheque to paycheque and work hard to make their monthly budgets balance. Those who are close to retirement are worried about the security of their pensions and are upset at the government for mandating them to spend two additional years of their lives working.

As managers of the public purse, the Conservatives have shrunk national revenues by slashing the corporate tax rate to 15% and subsidizing the heavily polluting and highly profitable oil and gas sector. On the other hand, in the past few weeks Canadians have learned more about the Conservative government's secretive plan to spend some $30 billion on F-35 fighter jets, as opposed to the $10 billion figure quoted by the Conservatives in the last election.

Canada's New Democrats believe the Conservatives' spending priorities are out of line with the priorities of Canadians, which include ensuring the viability of the public services Canadians rely on, such as universal public health care, a strong pension system, affordable advanced education and a healthy environment.

It is time to address the growing inequality we see in our schools, our neighbourhoods and our cities. It is time to stop sacrificing the long-term economic, environmental and social health of our country in order to achieve short-term economic gains.

Budget 2012 makes it clear that the majority Conservative government has no intention of addressing these pressing issues. I will be voting against the implementation of budget 2012, and in doing so, I believe I will be reflecting the majority views of my constituents.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:25 p.m.
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Conservative

Rodney Weston Conservative Saint John, NB

Mr. Speaker, I welcome the opportunity to highlight some of the key measures in Bill C-38, our government's plan to legislate economic action plan 2012, which will, undoubtedly, help to create jobs, growth and long-term prosperity.

Economic action plan 2012 contains numerous measures that would benefit Canadians, and I will highlight a few today. Today I will talk about something that is very imperative for any politician. As I stand here today and speak in the House of Commons, New Brunswick is in the midst of a municipal election. Members are probably wondering why I am raising this today. I have had the opportunity in the last weeks and months to speak to various organizations throughout my riding and, undoubtedly, the municipal election came up.

The comments that I provide with respect to the municipal election are that when people are approached by candidates looking for their support, they should ask what it is the candidates see as priorities for the communities and what they will focus on if they are elected. I believe that it is very important for governments to outline very clearly what it is they will focus on, what they see as priorities and that they listen to the people they represent and understand very clearly what the priorities of the people are.

I have had the benefit, pleasure and honour of serving at all three levels of government in this great country. I have been elected to municipal office, provincial office and now I serve in a federal capacity. I believe that when we ask for support, we should outline very clearly what it is we will focus on if we are elected. Our government has done that. It has been very clear. Members are probably wondering where I am going with this. We are very clear when we talk about the need to ensure federal transfers to the provinces. The provinces are the lifeblood of our country, the very fabric of our federation. We have had governments in the past that have broken that trust, tattered the fabric and have brought great concern to the general public.

I speak from experience when I talk about how important federal transfers are to the provinces. I speak from experience in the province of New Brunswick where its federal transfers will be in excess of $2.5 billion through this budget and economic action plan 2012. Why do I highlight this? It is because it is important that Canadians, New Brunswickers and the people of my riding of Saint John, New Brunswick know and understand that our government feels that this is a priority. Our government is committed to this priority because Canadians have told us that it is a priority. We will maintain that trust and certainly continue to grow the transfers. We have done that every year that we have been in office and in every budget that we have brought forward. This is not by chance or happenstance.

Many members in the chamber have had the same experiences I have. The Minister of Finance was a provincial politician before he came to this great House. The member for West Nova was the minister of finance for the Province of Nova Scotia and he understands. Many members in our caucus understand how important these transfers are to maintaining the services that our constituents in our provinces depend upon. It is very important that we maintain these transfers so that the Province of New Brunswick, in my case, is able to provide the health care and education programs that the people of New Brunswick desire, require, depend upon and have come to rely on our government and the provincial government for.

I did not come to this realization by just walking into this chamber. It comes from the experiences that I have had in my past life, whether in municipal or provincial politics. I served in a government that was very clear and focused provincially. I served with a premier who laid out priorities and strategies to the electorate and stayed very true to them. In my lifetime, he was the only premier in New Brunswick's history to deliver seven consecutive surpluses and the only premier in that province to ever pay down debt. Just so there is no misunderstanding, I am 48 years old. That is a long time. That is a huge commitment. However, that shows that when a government is prepared to focus on the priorities, it can achieve what it set out to do.

We have had governments in the past. We have had Liberal governments provincially and federally that did not maintain that commitment, did not stay true to their priorities and were not focused. They did not have the same level of respect for the provinces that make this federation great. They tried to balance the books on the backs of the provinces. The results were that we had less health care services in the province of New Brunswick and less money for educational and social programs. Was the federal government of the day concerned about that? No. It was not concerned because it did not see the provinces as a true partner. It did not see the value in the relationship that the provinces and the federal government needed to maintain. We in New Brunswick suffered, Atlantic Canadians suffered and this great nation suffered.

That Liberal government made a choice and today it is paying the price. Canadians did not give the Liberals the trust that they thought they deserved. Canadians put them out of office and put our government into office because we demonstrated that we understood the priorities of Canadians. We understand that Canadians value the relationship between the provinces and the federal government. We respect that and we will maintain it.

The Minister of Finance and the Prime Minister have been very clear in saying that we will not balance the books on the backs of the provinces. We see the provinces and the federal government in a true partnership. They have demonstrated that commitment over and over again.

Just recently the Minister of Finance announced that we will see health transfers continue to grow by 6% for the next five years and 3% at a minimum beyond that based on economic growth. That is an increase in health care transfers. That is quite the contrast to the days when the Liberal Party ruled this House. It did not understand how important it was for Canadians to see that partnership and its value.

I know my time is running short so I will talk about how important it is that we maintain this relationship. However, I also want to ensure that people know that this budget demonstrates very clearly that we value that relationship, that we understand the priorities of Canadians, that we are focused on those priorities and that we will deliver when it comes to jobs, growth and true prosperity. We will deliver for Canadians.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 12:10 p.m.
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NDP

Francine Raynault NDP Joliette, QC

Mr. Speaker, it is inconceivable that the Conservatives could present a bill that is 421 pages long and then limit debate to the bare minimum. It is clear they want to pass this bill quickly, but does that not suggest that perhaps they are afraid of the public's reaction to the bill if we were to take the time to properly examine it?

I have examined this bill thoroughly and I can assure you that I have never seen such a hodgepodge in the House of Commons. In true Conservative style, this document is not at all what it claims to be: rather than a budget implementation bill, it is a bit of a free pass for businesses and politicians who have no use for transparency.

Bill C-38 is much more than just an omnibus bill, like those we have become accustomed to with these Conservatives. This bill constitutes a brutal and unreasonable seizure of power that leaves Canadians unable to challenge any of it. We are therefore very surprised as we watch this government getting rid of anything that could limit the damage caused by its blind ideology. After taking a laissez-faire approach for so long, now they want to dismantle everything.

This bill ridicules the institutions of the very government that introduced it. Is that not ironic?

We have already seen the Conservative government's bias in favour of employers in certain disputes, for instance, those involving Air Canada and Canada Post. However, this government does not seem to care at all about well-paid, stable jobs for Canadians, because this new bill will cause even more poverty.

This government is allergic to basic rights and has restricted the right of free association by giving a minister—a minister, mind you—the power to veto collective agreements.

In other words, this government thinks it is okay to scuttle a good-faith negotiation between two parties to further a partisan and ideological political agenda. That applies to all workers. In addition, a significant number of federal government workers will also be affected: women.

I have fought for women's rights for 40 years. There are no words strong enough to describe how angry I was when I realized that the government no longer intended to make its contracts compliant with the Employment Equity Act. The Conservatives seem to believe that father knows best and a woman's place is in the home. All the historic progress we have made toward achieving equality is being recast as purely cosmetic.

Women have the right to be treated fairly, and trying to make women pay the price for the government's penny-pinching is downright disgraceful. How can the government justify such an irresponsible decision?

By so doing, the Conservatives are saying that feminist struggles, which were particularly successful in Quebec, were simply a glitch in history's patriarchal plan. Well, that is not how I see this country and I am certain that many of my fellow Canadians agree with me.

While the Conservatives are throwing the door wide open to privatization, I am saying that we are soon going to take over this government and give the control and the benefits back to Canadians. This government, which seems to work harder for shareholders, has gone too far this time. Canadians are not fools and they can see that the Conservatives are trying to deceive them.

And what is all this for? Over a third of this giant bill is dedicated to doing away with environmental protection measures in a clear path that goes from the plains to the Pacific Ocean, where the Conservatives hope to get a share of Asia's wealth. What a plan.

Promoting the economy is not a bad thing in and of itself. However, Canada used the approach of putting all its eggs in one basket for too long for us to want to go back to it.

Focusing all our energy on oil can only lead to a historic dead end of monumental proportions. It is a well-known fact that the wealth of economies that depend on a single resource is short lived and poorly distributed.

In any case, sustainable development is not of interest to this government, which is also doomed to be unsustainable. The champions of “bigger and better” will end up realizing that irreversible climate change has already begun to transform things.

Although some believe that they are in the Texas of the 1950s, I would like us to be rooted in 21st century Canada.

In terms of the environment, it is not surprising to learn that the Conservatives intend to broaden the definition of prohibited political activities for environmental groups, but only so they can place more restrictions on these groups.

While this government cozies up to oil companies and eliminates all the so-called legislative constraints with respect to the environment, it is also limiting the fundamental right of freedom of expression for hundreds of Canadian groups.

Do Canadians who have been given the right to assemble under the Canadian Charter of Rights and Freedoms and who choose to express their opinions, again by virtue of this Charter, not have the right to enjoy the full benefits of their citizenship?

On another matter, Bill C-38 confirms what we already knew: Rights & Democracy will be abolished. It was obviously an embarrassment to this government to support an organization that was neutral, independent and dedicated to the cause of democracy. Totalitarian governments, oil dynasties and, worse, communist dictatorships do not favour the independence of institutions. Have the Conservatives become communists?

For the Conservatives, it is all about the open market, except for matters under state control, which they manage with an iron fist. The Conservatives seem quite motivated to give more and more arbitrary powers to their ministers. That is the case for the Minister of Health, who will now be able to approve certain products without having them go through the usual inspection process, which is supposed to take place with any imported product.

Based on the government's priorities, Canadians' health has taken a back seat to profitability. But who will benefit from this profitability? When we consider that so much freedom is being given to business and so little to the people, we are justified in wondering who this government is working for. The answer is obvious.

More proof that this government does not care about well-paid jobs is that it thought it would be a good idea to enshrine in this bill the possibility of allowing 2,500 foreign workers to fill highly specialized positions in Canada and then leave again. Now the government wants to contract out Canadian citizenship.

Neo-liberalism loves outsourcing because it sets workers in a race to the lowest wages. This government has taken that to a new level. If it cannot outsource our resources, then it will import workers. Importing workers means the commodification of human beings by virtue of an ideology that would eliminate all trade barriers, but add many barriers to life for the general public.

With the Conservatives, it is law and order for the people and anarchy for big business. It was not enough for the Conservative government to considerably reduce the powers of the Auditor General and to completely get rid of the inspector general of CSIS, who was getting in the way of its agenda; now the government is opening the door to privatizing the Canadian Food Inspection Agency.

In other words, by playing with alliances and subsidiaries, a business could wind up doing its own inspections. Is that the kind of rigour that Canadians deserve? In addition to the Conservatives' devious behaviour and their refusal to submit their bill to thorough examination, we also see a threat to freedom of association, freedom of expression, freedom of assembly, transparency and oversight.

While perhaps not an outright coup d'état, this bill places Canada on a dangerous path towards dictatorship. This bill's shortsighted short-term vision is eclipsed only by the long-term, harmful effects it will have. We all want a prosperous economy, but that should not be a government's only goal, since a government has many roles to play. There are many important responsibilities that only a responsible government can assume with authority. Otherwise, it would be too easy.

With this bill, the Conservative government is undermining its own legitimacy and giving up on what it sees as inevitable. It is high time that this government started showing some leadership and did us the honour of behaving like a real government for this orphan country. Instead, it seems to be doing everything in its power to destroy our institutions, sully our international reputation and shoot down everything that reflects basic common sense.

The Conservatives do not think like us. They spend. They spend money on prisons, on F-35s and on $16 glasses of orange juice, yet they slash away at the very essence of our democratic way of life. It makes no sense. This government already looks old, used up, wasteful and tired. It seems incapable of assuming the most basic responsibilities towards the public. The government must always remember this: Canadians are not fools. No, we are not fools.