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 / 12:05 p.m.
See context

NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Mr. Speaker, with all due respect to my Conservative colleague, I would like to point out a glaring contradiction in his speech. He just said that the budget seeks to reduce conflicts between environmental assessments, but Bill C-38 does exactly the opposite by allowing cabinet to overrule the National Energy Board's assessments. The NEB approves or rejects projects, but cabinet could overrule those decisions. What is more, Bill C-38 limits the review timelines for the NEB and the Canadian Nuclear Safety Commission. That is serious. Canadians need more safety, not less.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:50 a.m.
See context

NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Madam Speaker, Bill C-38 amends the Employment Equity Act so that it no longer applies to federal contracts. Women's groups have been fighting for pay equity for several decades.

Would the member, who has a federal contract, agree to be paid less for her work rather than having equal pay for equal work?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:35 a.m.
See context

NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, there is a quaint expression where I come from and it is “fair wages benefit the whole community”. It is based on the notion that a well-paid, consuming, middle class is good for the economy.

Why then, deep within the bowels of Bill C-38 do we find this little jewel that repeals the Fair Wages and Hours of Labour Act for the construction industry? It used to be the prevailing wage was somewhere close to union scale for federally regulated construction projects, like pipelines for instance. Now, a construction contractor can offer any salary and any hours of work with no overtime. If no Canadians apply within 10 days, that contractor gets temporary foreign workers in there who will work for peanuts and sleep six to a hotel room and undermine the entire prevailing wage set by the industry.

Some people have worked 100 years toward setting fair wages for the construction industry and that was manifested in the Fair Wages and Hours of Labour Act. This piece of legislation would repeal that and enable pipeline contractors to build the next pipeline with temporary foreign workers.

Does my colleague realize that 30% of all the jobs created since 2007 in this country have been filled by temporary foreign workers? These are not landed immigrants. They are now being paid any wage they want.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:25 a.m.
See context

Liberal

Judy Foote Liberal Random—Burin—St. George's, NL

Madam Speaker, I rise today to speak to Bill C-38, the first implementation bill of budget 2012, an omnibus bill that should never have been.

If we want to talk about the budget that is one thing, but when everything is thrown into this bill, it makes it impossible for Canadians to have a real handle on exactly what it is that is in this budget, which causes a problem not only for me as a member of Parliament representing the people of Random—Burin—St. George's, but, I would expect, for all MPs who take great exception to what the government has done here.

Canadians from coast to coast to coast anxiously awaited this budget as they continued to struggle to make ends meet. I know that from first-hand experience as there are difficult times in my own riding of Random—Burin—St. George's, particularly when we are talking about seasonable industries, which is another issue that we need to deal with.

With sporadic job growth in the last six months and thousands of full-time jobs being replaced with part-time jobs, Canadians expected the budget to focus on jobs. Unfortunately, the government let Canadians down once again. Rather than focusing on much-needed job creation, the government has chosen to focus on dividing Canadians.

Since 2006, the government has sought to divide Canadians. It is obvious that budget 2012 is no different. Given the damage that will be done by this budget, it is impossible for anyone concerned about the future of our country to support its implementation.

As the government irresponsibly pits generation against generation, and we see that with the OAS changes, region against region, economy against environment, and when we consider that over 120 pages of the budget deal with the environment, it is reckless. In its reckless quest to divide and conquer, the government has done all of these things.

Canadians stand united in opposition to the government's dangerous politics and policies. The Liberals have never shied away from ensuring that government is run efficiently.

As members debate the implementation of this austerity budget, it is important to remember how Canada's economy reached this stage. The last Liberal government left the Conservatives with a $13 billion surplus and the Conservatives promptly spent the Liberal surplus into a Conservative deficit well before the recession. In fact, the Conservatives have the distinction of being the highest spending, largest deficit creating government in Canadian history, and now they are trying to have Canadians take responsibility for that. The Conservatives are taking it out on the backs of Canadians.

Had the Conservatives not spent so much irresponsibly before the recession, Canada's deficit would be nowhere as high as it is today.

Bill C-38 is the first in a series that will attempt to implement the Conservative's slash-and-burn agenda and cause havoc in Atlantic Canada in particular as federal jobs and services are cut.

The Conservative government began its slash-and-burn agenda in the 2010 strategic review that saw $32 million in cuts over three years to the Atlantic Canada Opportunities Agency, with an additional $17.9 million in new permanent cuts. These new cuts in budget 2012 represent nearly 20% of ACOA's entire operating budget. Newfoundlanders and Labradorians rely on ACOA to create opportunities for economic growth in their region, just as the rest of Atlantic Canada does.

Now is hardly a time to cut programs that stimulate the economy, help create jobs and increase federal tax revenue in the process.

Adding to the $6.6 million in cuts over three years to Marine Atlantic, which occurred in the last budget, budget 2012 cuts an additional $10.9 million in new permanent cuts. These cuts are especially difficult for my constituents when we consider that the Marine Atlantic ferry service is our connection to the rest of the country.

These cuts also include the closing of vitally important washing stations in Channel-Port aux Basques and Argentia. Some vehicles need to be washed off because they have picked up contaminated soil that is prevalent in Newfoundland and Labrador that carries the potato wart and the potato cyst nematode infected soil. Washing the vehicles ensures that the contaminated soil is not exported to other Canadian provinces where it could do irreparable harm, particularly in P.E.I. and New Brunswick, to the multi-billion dollar potato industry in this country.

History shows even a minor infestation in a potato-producing area can have serious consequences. In 2000, when a small area, a mere 24 hectares, of Prince Edward Island soil was found to have been contaminated by the potato wart fungus, the United States moved immediately to close its borders to P.E.I. potatoes for months. This resulted in a $22 billion loss to P.E.I. potato farmers.

For a province such as Prince Edward Island where the potato industry is a major contributor to its economy, the loss of this industry would be as devastating as the cod moratorium is to Newfoundlanders and Labradorians. I can only explain how devastating that was when today that cod moratorium is still in existence. The cod has not returned and I can only imagine how it would be in P.E.I. if the contaminated soil were to impact the potato industry there to the extent that the cod moratorium has impacted Newfoundland and Labrador.

Of particular concern to my constituents in Random—Burin—St. George's and to the many coastal communities in Canada is the dangerous approach the government has taken to the fishery.

Last year's budget cut the Department of Fisheries and Oceans by $84.8 million over three years, while this budget goes further, permanently cutting an additional $79.3 million from the DFO budget. Worse, the government is rolling the dice when it comes to fish management strategy by cutting the financial capacity for evidence-based fish monitoring and protection of fish habitats and removing the protection of many freshwater fish species.

Even the Conservatives are upset with this attack on the fishery. Former Conservative fisheries minister, Tom Siddon, said, “This is a covert attempt to gut the Fisheries Act, and it’s appalling that they should be attempting to do this under the radar”.

In addition to the Conservatives' cuts to the fishery, they are considering sweeping changes to the fleet separation and owner operated policies, which would directly affect 30,000 jobs and destroy small rural fishing communities. If DFO were to cancel the fleet separation policy, allowing large processors to engage in the inshore fishery, the traditional harvester would eventually be squeezed out of the industry. Clearly, the Conservatives have no interest in seeing the fishery survive.

As I mentioned earlier, I also have concerns with the proposed changes to employment insurance in Bill C-38. While not all changes are negative, we know already from budget 2012 that instead of working to help create more jobs, the government is increasing a direct tax on employment by hiking the employment insurance premiums by $600 million. EI recipients must apply for suitable employee vacancies to qualify for benefits. Bill C-38 would delete the provisions that deem employment opportunities to be unsuitable whether or not the opportunity is in the claimant's usual occupation and offers a lower rate of pay or working conditions that are less favourable than the claimant has a right to expect, only something that we would all expect.

This bill also would unduly grant the minister the power to make changes to the EI Act without legislation and parliamentary approval by giving the minister the power to change the definition of “suitable employment”. What is suitable employment? There was no consultation whatsoever with either employers or employees with respect to these proposed changes to the EI. The Conservatives have yet to announce details of what they will consider suitable employment and yet they expect Parliament to grant them unrestricted power to do so. People are nervous and naturally scared not knowing what to expect.

One has to wonder if the government's end game is to force Atlantic Canadians to relocate permanently to Alberta for work or to accept jobs outside of their skill area. There is no discussion about appropriate training for people and, of course, when they get to the age of 55 or 60, particularly if they have been working in a fish plant all of their life and, in a lot of cases, in the seasonal industry in the fish plant, what are they going to retrain for? What other skill will they retrain for at that age in their life? It is a time when they would like to retire and they would like to retire at 65, as has always been the case. However, the government has seen fit to move that age of eligibility from 65 to 67, making it even more difficult on people who work in demanding environments.

In contrast to the government's attempt to implement its austerity budget is the government's shockingly expensive advertising campaign to try to convince Canadians that the government is not failing Canada, not as badly as it seems anyway.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:25 a.m.
See context

NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Madam Speaker, the fact is that eastern Canada has reduced its greenhouse gas emissions, while western Canada has increased emissions. Despite the provinces' ongoing efforts, the situation is still not under control.

Why is at least one-third of Bill C-38 about environmental deregulation?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:20 a.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, there are many topics that my hon. friend from North Vancouver touched upon in his speech, which I would love to probe further, but I want to focus on the tanker statements that he made.

This is a debate on Bill C-38 and nothing in Bill C-38 speaks to tankers, regulations for tankers or funding for tanker safety, so I will set that aside. That comes from other documents. There may be regulations in the future, but there is nothing in Bill C-38 on tanker safety.

I also would dispute the claim that the B.C. coast has had lots of oil tankers. There has been a moratorium against supertanker traffic on the B.C. coast, particularly the northern coastline, with the exception of Vancouver because it was grandfathered. Vancouver harbour was left out of the 1972 moratorium, which was respected by every level of federal and provincial governments since 1972. That is why there have not been tanker accidents.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:20 a.m.
See context

NDP

Anne Minh-Thu Quach NDP Beauharnois—Salaberry, QC

Madam Speaker, this is very alarming. I cannot believe that the members opposite are talking about the budget as though it is something good for the environment. Just this past Tuesday, the commissioner submitted his report, which painted a very grim picture.

Bill C-38 will dismantle several tools related to the environment, including the Canadian Environmental Assessment Act and the National Round Table on the Environment and the Economy, which produces independent scientific studies on the environment. There are still 13,000 contaminated sites awaiting assessment and cleanup, and major oil development projects are on the way.

How can we trust a government that says one thing but does the complete opposite?

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 11:10 a.m.
See context

North Vancouver B.C.

Conservative

Andrew Saxton ConservativeParliamentary Secretary to the President of the Treasury Board and for Western Economic Diversification

Madam Speaker, I appreciate this opportunity to stand in support of Bill C-38, the jobs, growth and long-term prosperity act, the key legislation to implement the economic action plan 2012.

Our Conservative government, as demonstrated through today's act, is focused on what matters to Canadians, which is keeping the economy on the right track. In that regard, the nearly 700,000 net new jobs Canada has created since July 2009, 90% of those being full-time jobs, is a positive sign we are on the right track for Canadian families.

Indeed, a recent Wall Street Journal editorial praised Canada's economic leadership focus on private economic growth and its sound policies as a model for others to follow. As CIBC World Markets chief economist Avery Shenfeld recently declared:

Canada’s federal government remains the very picture of health, standing head and shoulders above many developed countries in terms of fiscal sustainability.

Nevertheless, we recognize global economic turbulences remain today and too many Canadians are still looking for work. That is why the economic action plan 2012, legislated through Bill C-38, takes responsible, positive action to support the economy now and over the long term, while keeping taxes low and returning to balanced budgets.

This plan has been largely welcomed by Canadians from coast to coast to coast, save the ideological NDP opposition.

For instance, the Vancouver Board of Trade, representing thousands of businesses in the Lower Mainland, assigned an overall grade of A to the economic action plan 2012, noting:

The federal government's reasonable and prudent 'game plan' continues to be the right one for British Columbia and Vancouver, and it remains the right strategy for Canada within a challenging global economic environment

For the remainder of my time today, I want to focus on the aspects of the jobs, growth and long-term prosperity act that deal with responsible resource development and how we have found the right balance between economic and environmental priorities.

Let me be clear. Our Conservative government is committed to being proactive in our stewardship of our national treasures, preserving them so we can pass them down to future generations. However, unlike the ideological NDP, we recognize that a healthy environment and a strong economy go hand in hand. Major economic projects create jobs and spur development across Canada.

In 2011 alone, the natural resource sector employed over 790,000 Canadians in communities throughout the country. It is predicted that in the next 10 years more than 500 major economic projects, representing $500 billion in new investments, are planned across Canada.

Increasing global demand for resources, particularly from emerging economies, will create new economic and job opportunities from which all Canadians will benefit. Canadians will only reap the benefits that come from our natural resources once investments are made by the private sector to bring the resources to market. Currently conditions are hardly ideal for any business that wants to do so.

Canadian businesses in the resource sector that wish to undertake major economic projects must navigate a complex maze of regulatory requirements and processes. Approval processes can be long and unpredictable. Delays and red tape often plague projects despite few environmental risks. In the federal government alone, accountability for assessments rests with dozens of departments and agencies, each with its own mandate, processes, information needs and timelines. This leads to duplication and the needless waste of time and resources.

The starting point of federal environment assessments can also be unpredictable, which can cause lengthy delays. This leads to delays in investment and job creation, and some plans are even abandoned because of them. Frankly, that is unacceptable.

As stated in a recent Vancouver Sun editorial:

Currently, worthwhile projects are needlessly bogged down in repetitive environmental and regulatory assessments that increase costs to industry without adding value for Canadian taxpayers.

That is why we have worked hard, since 2006, to streamline and improve regulatory processes. However, more work still needs to be done. A modern regulatory system should support progress on economically viable and significant projects and sustain Canada's reputation as an attractive place to invest, all the while contributing to better environmental outcomes.

That is why we are focusing on four major areas to streamline the review process for major economic projects in economic action plan 2012, specifically making the review process for major projects more predictable and timely, reducing duplication and regulatory burdens, strengthening environmental protection and enhancing consultations with aboriginal peoples. This modernized federal regulatory system will establish clear timelines, reduce duplication, regulatory burdens and focus resources more effectively to protect the environment.

We will achieve the goal of one project, one review, in clearly defined time periods, something long overdue, especially for my home province of British Columbia. In the words of British Columbia's finance minister Kevin Falcon:

The moving to a one-permit, one-process approach on environmental assessments is extraordinarily important for British Columbia...We have many major, major projects on the table today that are in the billions of dollars that could have important ramifications for jobs and employment. I’m really encouraged by that...

He went on to say that what they always said about the environment was that they should not measure the environmental process based on how long the process took, that it should be measured based on outcome and that was what they believed in.

Rest assured our Conservative government also understands that long-term economic prosperity and a high quality of life requires a healthy and sustainable environment. That is why protecting Canada's environment and the health of Canadians is a key priority of this government.

For instance, the safe navigation of oil tankers is very important to our government. Oil tankers have been moving safely and regularly along Canada's west coast since the 1930s. For example, 82 oil tankers arrived at Port Metro Vancouver in 2011. Nearly 200 tankers visited the ports of Prince Rupert and Kitimat over the past five years. They all did this safely.

Canada's regulatory system had a lot to do with that. Oil tankers in Canada must comply with the safety and environmental protection requirements of international conventions, and while in Canadian waters, with Canada's marine safety regulatory regime.

These requirements include double hulling of ships, mandatory pilotage, regular inspections and aerial surveillance. In fact, in 2011 almost 1,100 inspections were carried out across Canada, 147 of them on oil tankers.

We have a strong system, but any responsible government must continually work to make it stronger. That is why economic action plan 2012 includes further measures to support responsible energy development, including: new regulations which will enhance existing tanker inspection regime by strengthening vessel inspection requirements; a review of handling processes for oil products by an independent international panel of tanker experts; improved navigational products, such as updated charts for shipping routes; research to improve our scientific knowledge and understanding of risks; and to manage the impacts on marine resources habitat and users in the even of a marine pollution incident, and much more.

As I indicated in my introduction, we must be vigilant in guarding our spectacular natural treasures, but unlike the NDP, we realize that Canada's economic prosperity cannot be sustained without a healthy environment, just as environmental progress cannot be achieved without a healthy economy.

That is why I urge all hon. members to join with me in supporting Bill C-38, the jobs, growth and long-term prosperity act, and supporting a stronger Canadian economy.

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

May 10th, 2012 / 10:40 a.m.
See context

NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Madam Speaker, I am happy to add my voice to the debate on the omnibus budget implementation act, Bill C-38. The budget is being described as a Trojan Horse, and for good reason. It is yet another omnibus bill from a government that favours broad, sweeping legislation that defies appropriate scrutiny and oversight. It is another attempt to baffle Canadians with a huge bill that does too much.

To top it off, we have time allocation on it, which is no longer a surprise from a government that seems to consider closure as a normal feature of the parliamentary cycle. That is why we say it is a Trojan Horse, and it is on a fast track to boot.

However, as the official opposition we have given the government the opportunity to appear to be a little more democratic and have proposed a solution to make Bill C-38 better match the way that Parliament is supposed to work. In fact, New Democrats are really just calling for respect for Parliament and long-standing tradition when we say that the budget should be split into five separate, manageable pieces of legislation.

It is the right thing to do. At the very least, it would allow for proper scrutiny by this House and from the appropriate committees. Sadly, we know that the government feels the need to rush this bill past Canadian eyes and will not consent to the reasonable oversight that is the job of Parliament and parliamentarians. In that respect, we are not being allowed to do our job, and that is a shame.

Before I go any further, there is something I would like to address right away, and that is how the Conservatives apply their own logic to NDP decisions. I am sure there will come a day when the Conservatives will point out the few useful measures in this budget and criticize the NDP for not supporting them.

However, I would like to point out that we absolutely cannot support the budget because this is really an omnibus bill—and it is therefore impossible to study it thoroughly—and because blind environmental deregulation is the dominant theme.

I hope the Conservatives will remember this before they engage in their revisionist history, but I might as well believe in the goose that lays the golden eggs; there are so many other things that I would rather see and hope for. The NDP understands that this budget does not at all reflect Canadians' priorities.

New Democrats are listening, and we know that Canadians do not want their environment gutted in the name of economic expediency. Canadian families do not want regulations tossed aside because they are not convenient for big oil and foreign investors who only want to export Canada's resources with a minimum benefit to Canadians, but that is what the budget does.

Canadians do not believe there should be a time limit on processes designed to protect our environment. That speaks to a mindset that does not appreciate nature's delicate balance. I am reminded of the phrase “fools rush in”; those words are not the lyrics of a song, but an age-old maxim that speaks to the wisdom that time and perspective allow for. When we are dealing with things as sensitive as the great salmon and steelhead rivers that are part of the constituency represented by my friend the member for Skeena—Bulkley Valley, there can be no such thing as taking too much time to make the right decision, and I am sure that the majority of Canadians feel the same as we do in the official opposition feel.

New Democrats know that Canadians do not want to gamble with our children's future, but that is what a full one-third of this budget does.

New Democrats get it. They get it that Canadians do not want power concentrated more and more at the cabinet level, but that is what this budget would do by allowing the cabinet to overturn National Energy Board rulings that it does not like. These are not the priorities of Canadian families, who want their environment to be protected; they are the priorities of investment bankers, who want to win at any cost, and that is not the Canadian way.

We are being asked to gut environmental regulations and legislation that other Parliaments have carefully considered. We are being asked to undo years and decades of work in just one week of debate. How is that reasonable? It is not, and Canadians will not be fooled.

Over these past few weeks we have watched the Minister of Natural Resources rushing about, claiming that the sky will fall if Parliament does not fast-track the budget and that somehow our energy reserves—the ones that the government cannot get out of Canada quickly enough—will be cast aside as undesirable by big oil and international investors if we do not move fast.

However, that is not the case at all. The only thing that will happen if we do not swiftly gut our environmental regulations and rig the deck for big oil is that Canadians will pay attention to what the government is up to and rain down a chorus of disapproval.

It shows us how the government is worried that downloading federal environmental responsibilities and dumping those costs onto the provinces, territories and future generations will come under the watchful eye of most Canadians who actually care about the environment, and that what is left of their support will disappear.

The government is worried that anglers will figure out what is happening to the Fisheries Act and that cottagers and campers will start to wonder if their lake is next. I know this much: Canadians did not want protection of fish habitat removed from the Fisheries Act and replaced with market-based language. Canadians get it. They understand that fish live in ecosystems that are complex webs of food items and interdependencies.

This is knowledge shared by elementary school students who study basic science, but it is ignored by a government keen to remove all barriers to development so that it can please its friends who want to fast-track a pipeline through some of the most pristine parts of British Columbia.

It is a bit much to see the changes to the Fisheries Act. They came just days after I received an update from the Bright Lake Association celebrating the fact that the water in the lake was so pure that it could sustain a population of northern redhorse suckers, a fish that can be considered an indicator species for excellent waterway health, much like the proverbial canary in the coal mine. Those suckers will not receive any protection under the amended Fisheries Act; the preoccupation of the act is now commercial and sport fisheries, not habitat and systems.

If we ask someone who fly-fishes about how fish habitat works, that person will tell us about bugs that grow under rocks and mate in trees. They will tell us about prey fish, like sculpin and stickleback, that will lose protection if the Fisheries Act is changed to discard the protection of fish habitat. The government claims it is only helping farmers who have been hamstrung by the Fisheries Act, but the government is not acknowledging that there are other ways to fix those problems. It claims it is stopping the Fisheries Act from protecting unnatural habitats; we know that the government knows all about unnatural waterways and fake lakes.

We also know that the government has spent more hard-earned tax money for self-promotion in the past few years than it has for protecting the Great Lakes. I and my colleague from Thunder Bay—Rainy River and many communities across northern Ontario know that the government has actually cut funding for the Lake Superior Binational Forum, and we are extremely concerned.

It had no end of cash to tell us what a great job it was doing to build that infamous fake lake. I say Great Lakes over fake lakes every time, and the government should get back to protecting fish habitat in Canada or the anglers of this country will be casting for something in the next election that the Conservatives will not like at all.

What is obvious is that the budget marks a crossroads in Canada. It attempts to put an end to publicly scrutinized development of resources and puts blind faith in private sector self-regulations and regulators. It marks the end of a national vision and the ascent of a mindset that sees Canada as a corporation.

We now have two very distinct political parties in Canada. One believes in science-based, carefully considered regulatory practices and reporting. It is a party that sees the benefit of careful consideration and long-term planning for our natural resources. It cherishes the treasure we have inherited and must carefully steward and ultimately deliver to future generations.

The other party wants to rig the deck for its corporate friends. It guts our environmental legislative and regulatory framework. It wraps itself in small, divisive issues, but it sets to work on great sweeping changes that cut to the heart of the Canada most of us cherish.

The Conservatives see only opportunity and blind themselves to negative outcomes while they deafen themselves to dissenting opinion. They have little regard for things like endangered species, and are well on the way to becoming as--

Jobs, Growth and Long-Term Prosperity ActGovernment Orders

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

NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, very deep down in the bowels of Bill C-38 is a clause that hardly anybody even noticed. It abolishes, it repeals the Fair Wages and Hours of Labour Act for federally regulated construction projects.

Why would anyone want to abolish something called the “fair wages and hours of work” act? I will tell the House why, and I would like my colleague's comments.

It is a striking coincidence that now, in federally regulated projects like pipelines, a contractor can now post a job as follows: “Wanted: carpenters, $10 an hour”. Nobody is going to apply. Now, by this legislation, it will be perfectly okay to do so, and working for 70 hours a week with no overtime will be perfectly okay. No Canadian is going to apply, but guess what? The government has opened the door for temporary foreign workers, with a 10-day waiting period. No fair contractor in this country will ever win another job, because the government has eliminated the Fair Wages and Hours of Labour Act by virtue of this legislation.

Does the hon. member think it is fair for a budget bill to eradicate and destabilize the entire construction industry by eliminating the fair wages act?

The House resumed from May 8 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.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:10 a.m.
See context

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, in this same spirit of compromise and in the interest of having a reasonable and reasoned debate on a very broad bill, and also in an effort to honour democracy, I am seeking the unanimous consent of the House to move the following motion: That notwithstanding any Standing Order or usual practice of the House, clauses 68 to 131 be removed from Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38A; that Bill C-38A be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Natural Resources; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion because Canadians and Quebeckers want a debate on the many far-reaching changes that are included in the bill.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:10 a.m.
See context

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, in the spirit of having a full debate on some important and complex legislation, and in an effort to reach out to our colleagues on the other side of the House, I would like to seek unanimous consent to move the following motion: that notwithstanding any Standing Order or usual practice of the House, clauses 412 to 419, 473 to 475, 506 to 515, be removed from Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures and do compose Bill C-38(A); that Bill C-38(A) be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Agriculture and Agri-Food; that Bill C-38 be reprinted as amended; and, that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion because we believe Canadians deserve a full democratic debate on some very complicated and far-reaching changes that are included in the bill.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:05 a.m.
See context

NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, in the spirit of a proper analysis of this bill, I would seek unanimous consent of the House to move the following motion: That, notwithstanding any Standing Order or usual practice of the House, clauses 218 to 222, 420 to 426, 468 to 472, 476 to 478, 516 to 524, and 711 to 712 be removed from Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38A; that Bill C-38A be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Government Operations and Estimates; that Bill C-38 be reprinted as amended; and that the law clerk and parliamentary counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion to ensure that this important and far-reaching bill be studied properly by various committees, given the number of laws it would amend.

Bill C-38Routine Proceedings

May 10th, 2012 / 10:05 a.m.
See context

NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, in the spirit of reaching out to the other side and to have a full debate of a complicated omnibus bill, I would seek unanimous consent for the following: that notwithstanding any Standing Order or usual practice of the House, that clauses 223 to 303, 350 to 367, 432 to 467, 603 to 619 and 685 to 698 be removed from Bill C-38, an act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-38(A); that Bill C-38(A) be deemed read a first time and be printed; that the order for second reading of the said bill provide for the referral to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities; that Bill C-38 be reprinted as amended; and that the Law Clerk and Parliamentary Counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

We are proposing this motion in order to have a full debate and be able to bring in expert witnesses on some very key changes that the government is proposing.