Jobs, Growth and Long-term Prosperity Act

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

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

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 of this enactment implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) expands the list of eligible expenses under the Medical Expense Tax Credit to include blood coagulation monitors and their disposable peripherals;
(b) introduces a temporary measure to allow certain family members to open a Registered Disability Savings Plan for an adult individual who might not be able to enter into a contract;
(c) extends, for one year, the temporary Mineral Exploration Tax Credit for flow-through share investors;
(d) allows corporations to make split and late eligible dividend designations;
(e) makes the salary of the Governor General taxable and adjusts that salary;
(f) allows a designated partner of a partnership to provide a waiver on behalf of all partners to extend the time limit for issuing a determination in respect of the partnership;
(g) amends the penalty applicable to promoters of charitable donation tax shelters who file false registration information or who fail to register a tax shelter prior to selling interests in the tax shelter;
(h) introduces a new penalty applicable to tax shelter promoters who fail to respond to a demand to file an information return or who file an information return that contains false or misleading sales information;
(i) limits the period for which a tax shelter identification number is valid to one calendar year;
(j) modifies the rules for registering certain foreign charitable organizations as qualified donees;
(k) amends the rules for determining the extent to which a charity has engaged in political activities; and
(l) provides the Minister of National Revenue with the authority to suspend the privileges, with respect to issuing tax receipts, of a registered charity or a registered Canadian amateur athletic association if the charity or association fails to report information that is required to be filed annually in an information return or devotes resources to political activities in excess of the limits set out in the Income Tax Act.
Part 1 also implements other selected income tax measures and related measures. Most notably, it
(a) amends the Income Tax Act consequential on the implementation of the Marketing Freedom for Grain Farmers Act, including the extension of the tax deferral allowed to farmers in a designated area who produce listed grains and receive deferred cash purchase tickets to all Canadian farmers who produce listed grains and receive deferred cash purchase tickets;
(b) provides authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return; and
(c) introduces a requirement for commercial tax preparers to file income tax returns electronically.
Part 2 amends the Excise Tax Act to implement certain excise tax and goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 29, 2012 Budget. It expands the list of GST/HST zero-rated medical and assistive devices as well as the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening diseases. It also exempts certain pharmacists’ professional services from the GST/HST, other than prescription drug dispensing services that are already zero-rated. It further allows certain literacy organizations to claim a rebate of the GST and the federal component of the HST paid on the acquisition of books to be given away for free by those organizations. It also implements legislative requirements relating to the Government of British Columbia’s decision to exit the harmonized sales tax framework. Additional amendments to that Act and related regulations in respect of foreign-based rental vehicles temporarily imported by Canadian residents provide, in certain circumstances, relief from the GST/HST, the Green Levy on fuel-inefficient vehicles and the automobile air conditioner tax. This Part further amends that Act to ensure that changes to the standardized fuel consumption test method used for the EnerGuide, as announced on February 17, 2012 by the Minister of Natural Resources, do not affect the application of the Green Levy.
Finally, Part 2 amends the Air Travellers Security Charge Act, the Excise Act, 2001 and the Excise Tax Act to provide authority for the Canada Revenue Agency to issue via online notice or regular mail demands to file a return.
Part 3 contains certain measures related to responsible resource development.
Division 1 of Part 3 enacts the Canadian Environmental Assessment Act, 2012, which establishes a new federal environmental assessment regime. Assessments are conducted in relation to projects, designated by regulations or by the Minister of the Environment, to determine whether they are likely to cause significant adverse environmental effects that fall within the legislative authority of Parliament, or that are directly linked or necessarily incidental to a federal authority’s exercise of a power or performance of a duty or function that is required for the carrying out of the project.
The Canadian Environmental Assessment Agency, the Canadian Nuclear Safety Commission, the National Energy Board or a review panel established by the Minister are to conduct assessments within applicable time limits. At the end of an assessment, a decision statement is to be issued to the project proponent who is required to comply with the conditions set out in it.
The enactment provides for cooperation between the federal government and other jurisdictions by enabling the delegation of an environmental assessment, the substitution of the process of another jurisdiction for an environmental assessment under the Act and the exclusion of a project from the application of the Act when there is an equivalent assessment by another jurisdiction. The enactment requires that there be opportunities for public participation during an environmental assessment, that participant funding programs and a public registry be established, and that there be follow-up programs in relation to all environmental assessments. It also provides for powers of inspection and fines.
Finally, the enactment specifies that federal authorities are not to take certain measures regarding the carrying out of projects on federal lands or outside Canada unless they determine that those projects are not likely to cause significant adverse environmental effects.
This Division also makes related amendments to the Environmental Violations Administrative Monetary Penalties Act and consequential amendments to other Acts, and repeals the Canadian Environmental Assessment Act.
Division 2 of Part 3 amends the National Energy Board Act to allow the Governor in Council to make the decision about the issuance of certificates for major pipelines. It amends the Act to establish time limits for regulatory reviews under the Act and to enhance the powers of the National Energy Board Chairperson and the Minister responsible for the Act to ensure that those reviews are conducted in a timely manner. It also amends the Act to permit the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters and it establishes an administrative monetary penalty system.
Division 3 of Part 3 amends the Canada Oil and Gas Operations Act to authorize the National Energy Board to exercise federal jurisdiction over navigation in respect of pipelines and power lines that cross navigable waters.
Division 4 of Part 3 amends the Nuclear Safety and Control Act to extend the maximum allowable term of temporary members of the Canadian Nuclear Safety Commission from six months to three years. It is also amended to allow for a licence to be transferred with the consent of that Commission and it puts in place an administrative monetary penalty system.
Division 5 of Part 3 amends the Fisheries Act to focus that Act on the protection of fish that support commercial, recreational or Aboriginal fisheries and to more effectively manage those activities that pose the greatest threats to these fisheries. The amendments provide additional clarity for the authorization of serious harm to fish and of deposits of deleterious substances. The amendments allow the Minister to enter into agreements with provinces and with other bodies, provide for the control and management of aquatic invasive species, clarify and expand the powers of inspectors, and permit the Governor in Council to designate another Minister as the Minister responsible for the administration and enforcement of subsections 36(3) to (6) of the Fisheries Act for the purposes of, and in relation to, subject matters set out by order.
Division 6 of Part 3 amends the Canadian Environmental Protection Act, 1999 to provide the Minister of the Environment with the authority to renew disposal at sea permits in prescribed circumstances. It is also amended to change the publication requirements for disposal at sea permits and to provide authority to make regulations respecting time limits for their issuance and renewal.
Division 7 of Part 3 amends the Species at Risk Act to allow for the issuance of authorizations with a longer term, to clarify the authority to renew the authorizations and to make compliance with conditions of permits enforceable. The Act is also amended to provide authority to make regulations respecting time limits for the issuance and renewal of permits under the Act. Furthermore, section 77 is amended to ensure that the National Energy Board will be able to issue a certificate when required to do so by the Governor in Council under subsection 54(1) of the National Energy Board Act.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends a number of Acts to eliminate the requirement for the Auditor General of Canada to undertake annual financial audits of certain entities and to assess the performance reports of two agencies. This Division also eliminates other related obligations.
Division 2 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Cooperative Credit Associations Act to prohibit the issuance of life annuity-like products.
Division 3 of Part 4 provides that PPP Canada Inc. is an agent of Her Majesty for purposes limited to its mandated activities at the federal level, including the provision of advice to federal departments and Crown corporations on public-private partnership projects.
Division 4 of Part 4 amends the Northwest Territories Act, the Nunavut Act and the Yukon Act to provide the authority for the Governor in Council to set, on the recommendation of the Minister of Finance, the maximum amount of territorial borrowings and to make regulations in relation to those maximum amounts, including what constitutes borrowing, the relevant entities and the valuation of the borrowings.
Division 5 of Part 4 amends the Financial Administration Act to modify, for parent Crown corporations, the period to which their quarterly financial reports relate, so that it is aligned with their financial year, and to include in the place of certain annual tabling requirements related to the business and activities of parent Crown corporations a requirement to make public consolidated quarterly reports on their business and activities. It also amends the Alternative Fuels Act and the Public Service Employment Act to eliminate certain reporting requirements.
Division 6 of Part 4 amends the Department of Human Resources and Skills Development Act to establish the Social Security Tribunal and to add provisions authorizing the electronic administration or enforcement of programs, legislation, activities or policies. It also amends the Canada Pension Plan, the Old Age Security Act and the Employment Insurance Act so that appeals from decisions made under those Acts will be heard by the Social Security Tribunal. Finally, it provides for transitional provisions and makes consequential amendments to other Acts.
Division 7 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the protection of personal information obtained in the course of administering or enforcing the Canada Pension Plan and the Old Age Security Act and repeals provisions in the Canada Pension Plan and the Old Age Security Act that are substantially the same as those that are added to the Human Resources and Skills Development Act.
Division 8 of Part 4 amends the Department of Human Resources and Skills Development Act to add provisions relating to the social insurance registers and Social Insurance Numbers. It also amends the Canada Pension Plan in relation to Social Insurance Numbers and the Employment Insurance Act to repeal certain provisions relating to the social insurance registers and Social Insurance Numbers and to maintain the power to charge the costs of those registers to the Employment Insurance Operating Account.
Division 9 of Part 4 amends the Parks Canada Agency Act to provide that the Agency may enter into agreements with other ministers or bodies to assist in the administration and enforcement of legislation in places outside national parks, national historic sites, national marine conservation areas and other protected heritage areas if considerations of geography make it impractical for the other minister or body to administer and enforce that legislation in those places. It also amends that Act to provide that the Chief Executive Officer is to report to the Minister of the Environment under section 31 of that Act every five years. It amends that Act to remove the requirements for annual corporate plans, annual reports and annual audits, and amends that Act, the Canada National Parks Act and the Canada National Marine Conservation Areas Act to provide that that Minister is to review management plans for national parks, national historic sites, national marine conservation areas and other protected heritage areas at least every 10 years and is to have any amendments to a plan tabled in Parliament.
Division 10 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act in order to allow public sector investment pools that satisfy certain criteria, including pursuing commercial objectives, to directly invest in a Canadian financial institution, subject to approval by the Minister of Finance.
Division 11 of Part 4 amends the National Housing Act, the Canada Mortgage and Housing Corporation Act and the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act to enhance the governance and oversight framework of the Canada Mortgage and Housing Corporation.
This Division also amends the National Housing Act to establish a registry for institutions that issue covered bonds and for covered bond programs and to provide for the protection of covered bond contracts and covered bond collateral in the event of an issuer’s bankruptcy or insolvency. It also makes amendments to the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to prohibit institutions from issuing covered bonds except within the framework established under the National Housing Act. Finally, it includes a coordinating amendment to the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act.
Division 12 of Part 4 implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.
Division 13 of Part 4 amends the Bretton Woods and Related Agreements Act to reflect an increase in Canada’s quota subscription, as related to the ratification of the 2010 Quota and Governance reform resolution of the Board of Governors of the International Monetary Fund, and to align the timing of the annual report under that Act to correspond to that of the annual report under the Official Development Assistance Accountability Act.
Division 14 of Part 4 amends the Canada Health Act so that members of the Royal Canadian Mounted Police are included in the definition of “insured person”.
Division 15 of Part 4 amends the Canadian Security Intelligence Service Act to
(a) remove the office of the Inspector General;
(b) require the Security Intelligence Review Committee to submit to the Minister of Public Safety and Emergency Preparedness a certificate on the Director of the Canadian Security Intelligence Service’s annual report; and
(c) increase the information on the Service’s activities to be provided by that Committee to that Minister.
Division 16 of Part 4 amends the Currency Act to clarify certain provisions that relate to the calling in and the redemption of coins.
Division 17 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act in order to implement the total transfer protection for the 2012-2013 fiscal year and to give effect to certain elements of major transfer renewal that were announced by the Minister of Finance on December 19, 2011. It also makes certain administrative amendments to that Act and to the Canada Health Act.
Division 18 of Part 4 amends the Fisheries Act to authorize the Minister of Fisheries and Oceans to allocate fish for the purpose of financing scientific and fisheries management activities in the context of joint project agreements.
Division 19 of Part 4 amends the Food and Drugs Act to give the Minister of Health the power to establish a list that sets out prescription drugs or classes of prescription drugs and to provide that the list may be incorporated by reference. It also gives the Minister the power to issue marketing authorizations that exempt a food, or an advertisement with respect to a food, from certain provisions of the Act. The division also provides that a regulation with respect to a food and a marketing authorization may incorporate by reference any document. It also makes consequential amendments to other Acts.
Division 20 of Part 4 amends the Government Employees Compensation Act to allow prescribed entities to be subrogated to the rights of employees to make claims against third parties.
Division 21 of Part 4 amends the International Development Research Centre Act to reduce the maximum number of governors of the Centre to 14, and to consequently change other rules about the number of governors.
Division 22 of Part 4 amends Part I of the Canada Labour Code to require the parties to a collective agreement to file a copy of it with the Minister of Labour, subject to the regulations, as a condition for it to come into force. It amends Part III of that Act to require employers that provide benefits to their employees under long-term disability plans to insure those plans, subject to certain exceptions. The Division also amends that Part to create an offence and to increase maximum fines for offences under that Part.
Division 23 of Part 4 repeals the Fair Wages and Hours of Labour Act.
Division 24 of Part 4 amends the Old Age Security Act to provide the Minister of Human Resources and Skills Development with the authority to waive the requirement for an application for Old Age Security benefits for many eligible seniors, to gradually increase the age of eligibility for the Old Age Security Pension, the Guaranteed Income Supplement, the Allowance and the Allowance for the Survivor and to allow individuals to voluntarily defer their Old Age Security Pension up to five years past the age of eligibility, in exchange for a higher, actuarially adjusted, pension.
Division 25 of Part 4 dissolves the Public Appointments Commission and its secretariat.
Division 26 of Part 4 amends the Seeds Act to give the President of the Canadian Food Inspection Agency the power to issue licences to persons authorizing them to perform activities related to controlling or assuring the quality of seeds or seed crops.
Division 27 of Part 4 amends the Statutory Instruments Act to remove the distribution requirements for the Canada Gazette.
Division 28 of Part 4 amends the Investment Canada Act in order to authorize the Minister of Industry to communicate or disclose certain information relating to investments and to accept security in order to promote compliance with undertakings.
Division 29 of Part 4 amends the Customs Act to allow the Minister of Public Safety and Emergency Preparedness to designate a portion of a roadway or other access way that leads to a customs office and that is used by persons arriving in Canada and by persons travelling within Canada as a mixed-traffic corridor. All persons who are travelling in a mixed-traffic corridor must present themselves to a border services officer and state whether they are arriving from a location outside or within Canada.
Division 30 of Part 4 gives retroactive effect to subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985.
Division 31 of Part 4 amends the Railway Safety Act to limit the apportionment of costs to a road authority when a grant has been made under section 12 of that Act.
Division 32 of Part 4 amends the Canadian International Trade Tribunal Act to replace the two Vice-chairperson positions with two permanent member positions.
Division 33 of Part 4 repeals the International Centre for Human Rights and Democratic Development Act and authorizes the closing out of the affairs of the Centre established by that Act.
Division 34 of Part 4 amends the Health of Animals Act to allow the Minister of Agriculture and Agri-Food to declare certain areas to be control zones in respect of a disease or toxic substance. The enactment also grants the Minister certain powers, including the power to make regulations prohibiting the movement of persons, animals or things in the control zones for the purpose of eliminating a disease or toxic substance or controlling its spread and the power to impose conditions on the movement of animals or things in those zones.
Division 35 of Part 4 amends the Canada School of Public Service Act to abolish the Board of Governors of the Canada School of Public Service and to place certain responsibilities on the Minister designated for the purposes of the Act and on the President of the School.
Division 36 of Part 4 amends the Bank Act by adding a preamble to it.
Division 37 of Part 4 amends the Corrections and Conditional Release Act to eliminate the requirement of a hearing for certain reviews.
Division 38 of Part 4 amends the Coasting Trade Act to add seismic activities to the list of exceptions to the prohibition against foreign ships and non-duty paid ships engaging in the coasting trade.
Division 39 of Part 4 amends the Status of the Artist Act to dissolve the Canadian Artists and Producers Professional Relations Tribunal and transfer its powers and duties to the Canada Industrial Relations Board.
Division 40 of Part 4 amends the National Round Table on the Environment and the Economy Act to give the Round Table the power to sell or otherwise dispose of its assets and satisfy its debts and liabilities and to give the Minister of the Environment the power to direct the Round Table in respect of the exercise of some of its powers. The Division provides for the repeal of the Act and makes consequential amendments to other acts.
Division 41 of Part 4 amends the Telecommunications Act to change the rules relating to foreign ownership of Canadian carriers eligible to operate as telecommunications common carriers and to permit the recovery of costs associated with the administration and enforcement of the national do not call list.
Division 42 of Part 4 amends the Employment Equity Act to remove the requirements that are specific to the Federal Contractors Program for Employment Equity.
Division 43 of Part 4 amends the Employment Insurance Act to permit a person’s benefits to be determined by reference to their highest earnings in a given number of weeks, to permit regulations to be made respecting what constitutes suitable employment, to remove the requirement that a consent to deduction be in writing, to provide a limitation period within which certain repayments of overpayments need to be deducted and paid and to clarify the provisions respecting the refund of premiums to self-employed persons. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including requiring that the rate be set on a seven-year break-even basis once the Employment Insurance Operating Account returns to balance. The Division makes consequential amendments to the Canada Employment Insurance Financing Board Act.
Division 44 of Part 4 amends the Customs Tariff to make certain imported fuels duty-free and to increase the travellers’ exemption thresholds.
Division 45 of Part 4 amends the Canada Marine Act to require provisions of a port authority’s letters patent relating to limits on the authority’s power to borrow money to be recommended by the Minister of Transport and the Minister of Finance before they are approved by the Governor in Council.
Division 46 of Part 4 amends the First Nations Land Management Act to implement changes made to the Framework Agreement on First Nation Land Management, including changes relating to the description of land that is to be subject to a land code, and to provide for the coming into force of land codes and the development by First Nations of environmental protection regimes.
Division 47 of Part 4 amends the Canada Travelling Exhibitions Indemnification Act to increase the maximum indemnity in respect of individual travelling exhibitions, as well as the maximum indemnity in respect of all travelling exhibitions.
Division 48 of Part 4 amends the Canadian Air Transport Security Authority Act to provide that the chief executive officer of the Authority is appointed by the Governor in Council and that an employee may not replace the chief executive officer for more than 90 days without the Governor in Council’s approval.
Division 49 of Part 4 amends the First Nations Fiscal and Statistical Management Act to repeal provisions related to the First Nations Statistical Institute and amends that Act and other Acts to remove any reference to that Institute. It authorizes the Minister of Indian Affairs and Northern Development to close out the Institute’s affairs.
Division 50 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide for the payment or reimbursement of fees for career transition services for veterans or their survivors.
Division 51 of Part 4 amends the Department of Human Resources and Skills Development Act to add powers, duties and functions that are substantially the same as those conferred by the Department of Social Development Act. It repeals the Department of Social Development Act and, in doing so, eliminates the National Council of Welfare.
Division 52 of Part 4 amends the Wage Earner Protection Program Act in order to correct the English version of the definition “eligible wages”.
Division 53 of Part 4 repeals the Kyoto Protocol Implementation Act.
Division 54 of Part 4 amends the Immigration and Refugee Protection Act and the Budget Implementation Act, 2008 to provide for the termination of certain applications for permanent residence that were made before February 27, 2008. This Division also amends the Immigration and Refugee Protection Act to, among other things, authorize the Minister of Citizenship and Immigration to give instructions establishing and governing classes of permanent residents as part of the economic class and to provide that the User Fees Act does not apply in respect of fees set by those instructions. Furthermore, this Division amends the Immigration and Refugee Protection Act to allow for the retrospective application of certain regulations and certain instructions given by the Minister, if those regulations and instructions so provide, and to authorize regulations to be made respecting requirements imposed on employers in relation to authorizations to work in Canada.
Division 55 of Part 4 enacts the Shared Services Canada Act to establish Shared Services Canada to provide certain administrative services specified by the Governor in Council. The Act provides for the Governor in Council to designate a minister to preside over Shared Services Canada.
Division 56 of Part 4 amends the Assisted Human Reproduction Act to respond to the Supreme Court of Canada decision in Reference re Assisted Human Reproduction Act that was rendered in 2010, including by repealing the provisions that were found to be unconstitutional and abolishing the Assisted Human Reproduction Agency of Canada.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 8th, 2012 / 10:20 a.m.
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NDP

Marie-Claude Morin NDP Saint-Hyacinthe—Bagot, QC

Madam Speaker, first, I would like to say that I am pleased to rise in the House this morning to support the motion of the hon. member for Parkdale—High Park, whom I would like to commend for this motion and for the clear-headed manner in which she has faced the challenges we have encountered since the tabling of this budget.

Obviously, the purpose of Bill C-38 is to implement budget 2012; however, it goes much further than the budget itself. The bill contains not only the measures described in the budget but also many changes that were never announced before. Personally, this does not really surprise me.

The biggest problem is that this bill introduces a series of measures that are not part of the election promises made by the current government and that will decrease the transparency and increase the secrecy of the government. This government is not a very good example of transparency. It has demonstrated that much over the past year, and things are only going to get worse over the next three years.

This bill contains measures that decrease the Auditor General's authority. Must I remind the House that the Auditor General is an independent and reliable source of objective, factual and, above all, non-partisan information that Parliament greatly needs to oversee government spending and activities?

Finally, any decrease in the Auditor General's powers will reduce Parliament's ability to provide oversight and hold the government to account, as mandated by all Quebeckers and Canadians. In my opinion, this is a very serious attack. The Auditor General ensures that public money is spent properly. We really have a problem with this. I just cannot understand how the government can assume this power. It is completely beyond me.

The 2012 budget makes ill-advised cuts to services on which a large number of Canadians are very dependent. Yes, I am referring to the old age security program, health care, provincial transfers, environmental assessments, and many other matters.

As I was saying earlier, yesterday, my colleague from Parkdale—High Park, seconded by my colleague from Rimouski-Neigette—Témiscouata—Les Basques, moved an amendment to the motion. The amendment clearly explains why the House cannot support the 2012 budget implementation bill.

The House cannot support the bill at second reading stage for various reasons. First, this bill considerably weakens the confidence Canadians have in the work of Parliament. I think that is very serious. I think that in the past year, that confidence has been undermined, and it will only diminish further. Now we know why people are cynical about politics and why young people no longer vote.

Second, the bill decreases transparency and erodes fundamental democratic institutions by systematically over-concentrating power in the hands of ministers and the government, which is not good.

Third, it shields the government from criticism about extremely controversial non-budgetary issues by bundling all those issues into an omnibus bill masquerading as a budget bill. It is hard to know where this will end.

Fourth, it also undermines the critical role played by such trusted oversight bodies as the Auditor General of Canada, the CSIS Inspector General and the National Energy Board.

Fifth, it silences institutional checks and balances to the government's ideological agenda.

Finally, something we have been talking about at length and must continue talking about in order to keep the public aware of the situation is that this budget raises the eligibility age for old age security and the guaranteed income supplement from 65 to 67. I do not understand this reckless approach to balancing the budget. A number of experts have said that the money is there, and they have the numbers to back their claims. The easy excuse is that the baby boomers are leaving the workforce, which means more people are retiring, but we have known that since the 1980s. We saw that coming and we are prepared for it.

This budget also includes provisions to gut the federal environmental assessment regime and to overhaul fish habitat protection, for instance, in a way that will adversely affect fragile ecosystems and Canada’s environmental sustainability for generations to come.

When I hear the Conservatives talking about the future, I do not understand. They are talking about the future, yet they are jeopardizing the health of Canadians and abandoning environmental measures. This makes no sense. This budget also calls into question Canada’s food inspection system and public health regime by removing critical oversight powers of the Auditor General, who works in conjunction with the Canadian Food Inspection Agency.

This paves the way for opportunities to privatize a number of essential inspection functions. This will mean, on the one hand, that wealthy people will have the means to eat well and have their food inspected in order to avoid illness, while on the other hand, poor people will not be able to afford decent food and have it inspected. This is just one more aspect of this bill that is completely unacceptable.

Nor does this budget include measures to help the growing number of unemployed workers in Canada. The budget talks about job creation, but when I read the bill, I saw nothing about job creation. All I saw was job cuts. There is a disconnect between those cuts and the talk of job creation. The main thrust of this bill was not mentioned in the budget that the government tabled on March 29.

Throughout this 421-page bill, the government is trying to introduce new measures under the guise of budget implementation. Quebeckers and Canadians will not stand for that. Bill C-38 proves once again that Quebeckers and Canadians cannot trust the government. It proves once again that the government does not care about what Canadians need.

The government knows that its bill is unacceptable. That is why it has invoked closure once again. Unfortunately, this strategy is turning into a tradition in this Parliament. Still, we are starting to get used to it. It undermines the work of the House, where MPs have an important responsibility to debate bills. Once again, it proves that this government lacks transparency.

I could spend an entire day talking about this completely irresponsible bill, but Quebeckers and Canadians are much more intelligent than the government seems to think. I will now talk about the effects that this bill will have on my riding of Saint-Hyacinthe—Bagot, a very rural riding located close to Montreal, Quebec.

First, the attacks on the environment affect all ridings, obviously. At least a third of this bill is dedicated to environmental deregulation. The government is implementing all the measures that it announced, but it is also introducing new measures that it did not announce. Clearly, Canada's withdrawal from the Kyoto protocol is of great concern to my constituents and to all Canadians since it will result in a great deal of deregulation. I cannot emphasize this enough: this is yet another example of this government's lack of transparency when it comes to environmental assessments.

The executive director and senior counsel at West Coast Environmental Law said that, by gutting Canada’s long-standing environmental laws, the budget bill gives oil and gas companies exactly what they have been asking for—fewer environmental safeguards so they can push through resource megaprojects.

I am out of time. Nevertheless, I think I said everything I wanted to say even though, as I said before, I could talk about this bill all day.

I would be happy to answer any questions.

May 8th, 2012 / 10:15 a.m.
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NDP

Mathieu Ravignat NDP Pontiac, QC

I certainly agree with Mr. Kramp that there are better things we could be spending our time on presently than trying to get some process. I think that should be taken off-line and we should be talking informally before the next meeting.

That's precisely the point. I think Canadians want us to be discussing things of importance. They want us to be continuing the F-35 debate and hearing from other witnesses. They want to know the consequences of Bill C-38 on the roles and powers of the Auditor General. They also want us to debate other chapters of the Auditor General's report. These are things this committee should be doing.

I'm speaking in favour of perhaps going forward here to try to openly discuss what we'll do for our next meetings, and then take the discussion with regard to how this meeting should function off-line with the chair.

The House resumed from May 7 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.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 6:25 p.m.
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NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I am here to speak today about Bill C-38, the budget implementation act. This enormous omnibus bill is a disservice to the House and to Canadians.

Many parts of this huge bill are of concern to my constituents, but one in particular is of concern to them. It is with regard to the changes to the environmental assessment process. To refresh everyone's memory, the Kinder Morgan company currently owns and operates an oil pipeline that transports 300,000 barrels of oil per day between Edmonton and Burnaby. Most of my constituents tolerate this existing pipeline. It supplies oil and gasoline to metro Vancouver and keeps the local refinery in business. They tolerate it because they are not hypocrites; they use oil and support the local supply chain.

However, Kinder Morgan has just formally produced a new proposal to build a new heavy crude oil pipeline to transport 550,000 barrels per day along the existing pipeline route. This will not serve the local population. This will ship oil in raw form by tanker to foreign countries, bring almost 400 new giant oil supertankers to the Burrard Inlet and require massive dredging beneath the Second Narrows Bridge.

It will build a new pipeline along the existing route, which runs through extremely densely populated areas, including Burnaby, Port Moody, Coquitlam, Surrey, Langley, Abbotsford, Kamloops and many other urban centres.

I have walked this route, and much of it goes by shopping malls, housing co-ops, public parks, schools, modest homes and million-dollar mansions. There is a 30-metre right of way required by the National Energy Board, and a 60-metre safety zone. Members can picture a trench as wide as a highway going through many of these urban centres.

More worryingly, the National Energy Board can expropriate lands, and many people in my riding are fearful that they are going to be forced from their homes, schools and community amenities. In fact, the uncertainty surrounding this proposal is already causing property values to drop along this line. These concerns are real. Thousands of local residents oppose this pipeline, and they have contacted me to discuss these changes.

If we turn to the proposals in this giant budget bill, we see that the changes to the Environmental Assessment Act mean that there may not even be public consultation under this act. It is up to the discretion of the minister. Even if there is consultation, it would be limited to 24 months, and then, after the consultation, the minister could simply ignore it.

I urge the government to clarify what its intentions are with specific reference to the Kinder Morgan proposal and I ask it to withdraw it and debate it on a separate occasion.

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

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 6:10 p.m.
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Conservative

James Lunney Conservative Nanaimo—Alberni, BC

Mr. Speaker, it is a great pleasure to stand and enter this debate today on Bill C-38. It is a budget implementation act. I appreciate there is a lot of engagement around the House today from members opposite and members on this side of the House. As all members will recall, budget 2012 was tabled on March 29. It launches the next phase of our economic action plan.

The budget was applauded by economists from coast to coast. The member for Markham—Unionville just spoke. As he is a former economist, I was waiting for him to echo some of the economists across Canada, representing the major banks, who applauded the budget.

There is a reason that economists from across the country have applauded our measures in the budget. All over the world, nations are reeling from the chaos of a worldwide economic meltdown that struck in 2008 and worsened through 2009. Even this week, we saw major changes in two countries in Europe. With France and Greece reorganizing new governments and new leaders, political fallout is taking a toll on social stability.

By contrast, Canada has been shaken, but remains stable. The World Economic Forum, the International Monetary Fund, Moody's and Forbes magazine have all applauded Canada's economic performance and predict we are positioned to lead world economies in the next years. The reason economists have embraced our budget is because they recognize the choices made in our economic action plan that keep Canada moving in the right direction.

Phase two of the economic action plan is a plan for jobs, for growth and for long-term prosperity. Budget 2012 takes important steps to address the challenges and take advantage of the opportunities of a global economy while ensuring sustainable social programs and sound public finances for future generations. The budget contains reforms that are substantial. They are responsible and they are necessary. They are reforms that will ensure that across government we are focused on sustaining Canada's long-term economic growth.

Just as we did in the first phase of Canada's economic action plan, the focus of this budget is on boosting economic growth and job creation. It is on stimulating innovation, investment, education and skills. Let me just list, in broad strokes, the major initiatives in Bill C-38.

The initiatives would be making major investments of over $1 billion to support science and technology; providing $500 million to spur growth of innovative start-up companies; ensuring responsible resource development by moving to one project one review, with a clearly defined time period for major economic projects while continuing to protect the environment; opening new markets and expanding international trade, bringing Canadian goods to the world; extending the hiring credit for small business for one more year to make it more attractive for small business to grow and to hire more workers; providing $150 million over two years for the new community infrastructure improvement fund; providing $5.2 billion over 11 years to renew the Canadian Coast Guard. That is something that is going to impact communities on both coasts of this great country and in the north. It is essential, and it will serve our communities for many years to come.

We would be focusing on employment insurance and promoting job creation by removing disincentives to work and supporting unemployed Canadians by connecting them more quickly to jobs. We would be providing $275 million over three years to support first nations education and to build and renovate schools on reserve. The measures over the last couple of years, which this initiative builds on, have made a huge difference in first nations in coastal B.C.

I mentioned earlier in a question and comment about a new school in Ahousaht. Some 800 people live in that community with only boat access. The new school is a huge asset in that community and it is going to impact education, which is a priority for the national chief. The Chief of the Assembly of First Nations is from the coast of British Columbia. In addition to that on reserve, some $330 million would be going into upgrading water systems on reserve. It is extremely important for our remote, rural communities.

We would be building a fast and flexible economic immigration system to track immigrants with the skills and experience our economy needs. Our Minister of Immigration has been doing a major overhaul to make sure we attract the kinds of immigrants who are going to contribute to long-term prosperity in Canada, not only for their own families, but for our Canadian economy at the same time.

If we pause and take a look back, it is helpful to remember that after forming government in 2006, this government paid down nearly $40 billion on our national debt.

That positioned us well, inasmuch as in the ensuing recession period we had to run a deficit to provide the much-needed economic stimulus and keep people working.

The economic action plan launched a massive infrastructure investment plan. Yes, we hired more federal employees to ensure the money was well administered and went to projects that would position Canada well, creating economic opportunities that are having a positive impact right now across Canada from coast to coast.

We also launched a work-sharing program. We expanded EI benefits. We launched retraining programs for displaced workers and invested big time in education and science infrastructure. That was through the knowledge infrastructure program. All of this was to keep people working and to prepare for tomorrow's jobs.

The net result of prudent planning is that Canada has emerged as one of the top-performing industrialized countries.

Since the peak of the recession in July 2009, our economy has seen almost 700,000 new jobs, and most of those are full time. Canada is the only G7 country that has come out of the recession with more jobs than we had when we went into it.

Keeping taxes low for Canadians has been a key policy for this government. Since 2006, we have reduced the tax burden of Canadians through some 140 measures. As a result, the average Canadian family of four saves about $3,100 each and every year.

The budget contains measures to create employment. Included are a $1,000 hiring credit for small business and incentives for apprentices of up to $4,000 for tools, tuition and travel expenses. That would be for the Red Seal trades. Improvements to EI and the temporary foreign workers program would help connect Canadians with available jobs, including those seniors who are willing and able to work and who wish to continue working.

I made reference earlier to mega-investments in science, technology and innovation through granting agencies such as Genome Canada and the Canadian Foundation for Innovation. In addition, there is $105 million to fund innovation in the forestry sector, which is extremely important to generate value-added production, something that we are very interested in, in coastal British Columbia. Investments in the Coast Guard fleet and helicopter renewal valued at $5.2 billion will be of benefit to coastal communities.

There are huge investments to help improve the living conditions and opportunities for vulnerable people in remote settings. I mentioned the water systems on reserve, but there are big investments in education on reserve. That $275 million across the nation is going to make a difference.

In order to ensure the sustainability of old age security, the age of eligibility would be gradually raised to 67, starting in 2023 and fully implemented in 2029.

In two decades, the number of retirees will double and costs will triple. Meanwhile, by 2030, if the system is unchanged, the number of taxpayers for every senior will be down to two from, currently, about four. In 2010 there were four; when the program was initiated, there were seven.

We have ensured that the changes are made with substantial notice and with an adjustment period. They would not affect current retirees or those close to retirement and would give others plenty of time to adjust to the changes and plan for their retirement.

Overall, in British Columbia we would benefit from $5.6 billion in health, education and social transfers, fulfilling our promise to balance the federal budget without cutting transfers to the provinces.

The budget is focused on jobs and long-term prosperity. As with the previous phase of the economic action plan, it addresses the changing worldwide economic situation and is designed to keep Canada competitive for the benefit of all Canadians.

Let me quote from the president of the Federation of Canadian Municipalities, Berry Vrbanovic. He said:

Canada's municipal leaders welcome today's commitment by the federal government to continue working with cities and communities to rebuild the local roads, water systems, community centres and public transit that our families, business and economy depend on.

He goes on to say that:

Today's budget continues building a new infrastructure partnership that creates jobs and strengthens Canada's future economic foundations.

Of course, I know that our municipalities in coastal B.C. are very appreciative of that gas tax fund, the $2 billion fund that we increased even during tough economic times. Our great finance minister extended that gas tax fund to $2 billion to ensure municipalities have the funds to move ahead with important projects.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 5:50 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to thank my hon. friend from Kildonan—St. Paul who is one of the hardest working MPs and who has done so much for people in the human trafficking area.

I rarely get to ask her a question so it pains me to ask her one on this issue. Bill C-38, despite the few things I like, such as allowing recovering people to work while they are on EI, claim that and not have it all clawed back, contains some measures that are good but overall I am so very deeply aggrieved by the number of bills that are thrown into Bill C-38 that are not part of proper fiscal measures, particularly those overhauls of the Canadian Environment Assessment Act, the Fisheries Act, the Species at Risk Act and so on.

I would like to ask my hon. friend if she does not think there is some chance that the Minister of Finance might relent and pull out those sections that are not properly part of a budget, so they can be properly and separately debated?

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May 7th, 2012 / 5:25 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, it is with ever-increasing sadness that I rise in the House today, because every time I do so, I am left with the impression that the reasons my constituents elected me are being scorned. That said, I have 10 precious minutes to try to give an informed judgment on a document that is over 400 pages long, and this is only because I am one of the rare, lucky ones who is able to speak in this shortened debate. Understandably, then, I will not launch into a comprehensive study of the economic elements. Instead, I will try to point out what is wrong with this proposed legislation as clearly as I possibly can.

The first thing that struck me is the discrepancy that exists between the bill's short title and the objectives or intentions of the bill in question. I would add that I am often surprised by this. In this case, for instance, the short title of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, is this: the jobs, growth and long-term prosperity act. Ouch.

Before getting into all the contradictions and ambiguities of such a title, I want to say a few words about the bill itself. It is clearly stated that this bill concerns the budget, and that it also implements other measures. This bill therefore goes beyond implementing the budget. It introduces a series of measures that were never announced in the budget. These measures are very different in nature. I will name a few in passing: eligibility age for old age security benefits; the environmental protection and regulations system—we immediately see the link between old age security and the environment; the authority of the Auditor General—also closely linked; and then, why not throw in the Fair Wages and Hours of Labour Act? I will stop there because I do not have enough time.

Under the pretext of balancing the budget—in a forced march and for purely ideological reasons—the government is in fact imposing on Parliament and all Canadians a hidden agenda that will quickly change everyday life for the people in this country, and unfortunately, not for the better.

We feel that what the government is doing is contrary to parliamentary practice and procedures. A budget implementation bill should not be used as an opportunity to limit debate and push through detrimental measures designed to reduce government transparency and accountability. Let us be clear in case Canadians have not fully grasped what is happening here: Bill C-38 is actually an omnibus bill that goes far beyond the budget and unilaterally imposes the Conservatives' decisions without allowing for real debate.

I have envisioned many different political scenarios, but reality today is beyond anything I ever could have imagined. I get the feeling that within a year, there will probably be one catch-all bill a year, with seven days of debate, and the House will be on holidays for the rest of the year. I feel I am being very well paid for all the work I am not being allowed to do.

Why does Canada have a Parliament with two chambers if the government is going to use all its power and questionable tactics to limit debate, get around parliamentary rules and tune out the official opposition? Is that the Conservatives' idea of democracy? The Conservatives need to do more than just keep shouting all the time that they won a strong mandate if they want to have real legitimacy. They also need to respect this country's institutions as they govern.

Most of the major changes in Bill C-38 do not address Canadians' concerns. Canadians are telling us that they want more good-quality jobs, better environmental protection and a better health care system. Nothing in this bill reflects the real concerns of Canadians. As I was saying earlier, more careful analysis of this bill reveals the discrepancy between its short title and its real intentions.

The short title of Bill C-38 is the “Jobs, Growth and Long-term Prosperity Act”. I will repeat these three components: jobs, growth and long-term prosperity.

In recent months, the government's decisions have led to job losses, jeopardized economic growth and put Canada on the list of slackers in both environmental protection and sustainable development.

With regard to this last point, we have reason to be especially worried about the bill's provisions. In this House, we all know that it is our responsibility to protect the environment, fight climate change and preserve the diversity of living things and our ecosystems. Our duty is to leave a healthy and viable natural environment to our children. The vast majority of developed countries are putting environmental strategies in place, making significant international commitments, and signing binding and necessary agreements to fight the destruction of our ecosystems. However, this government is once again swimming against the current.

For example, this bill changes the regulations that protect fish and govern the deposit of toxic and deleterious substances into fish habitats. More seriously still, this bill repeals the Kyoto Protocol Implementation Act, which shows just how little the government cares about issues that affect and will continue to affect all Canadians. This means that the government will no longer have to report its GHG emissions. That is a major step backward for our country and all of our international partners.

Canadians want us to take action to fight climate change and protect our environment, but the Conservatives are determined to dismantle environmental protection rules and attack environmental protection groups. Many of the provisions in the bill point to the fact that environmental protection has completely disappeared from this government's agenda.

The government has gutted the federal environmental assessment regime to speed up major projects, such as oil pipelines. It has delegated the environmental assessment process to other authorities. It has made sure that projects in other countries are not subject to Canadian laws.

This budget is not good for jobs and labour, either. For a few weeks now, there has been announcement after announcement, and jobs are being lost across the country. Everywhere there is talk of cuts, job losses and, inevitably, cuts to services for Canadians. The Conservatives' ideological vision will have a direct impact on the health of Canada's economy. Their approach to the budget is an accounting approach, aimed solely at reducing the deficit. In the medium term, the Conservatives' budget policy will seriously hurt this country's economic development.

I will take a specific example. In my riding, the Forges du Saint-Maurice National Historic Site will be hard hit by the government's cuts, which will mean job losses and a shorter season for the site. These cuts are like a death sentence for this major historic site. Investments depend on the number of visitors to the site, but because the government is not investing in the site, fewer and fewer people are visiting it. Because the number of visitors is down, funding is being cut. It is like the Hygrade wiener slogan, only in reverse. It is a downward spiral.

The closing of this park will have an even more serious impact on the whole region. The money the government thinks it is saving with these budget cuts will be lost elsewhere.

One minute to condemn so many policies is simply not long enough. I am very sorry for my friends at the Vieilles Forges park. I will definitely come back to this issue during question period and I will not back down.

In closing, unfortunately, this bill represents a shift even further away from this wishful thinking. Transparency is not a strong point of the Conservatives. Bill C-38 contains many measures that will reduce transparency and limit accountability requirements.

Consider three quick examples. Section 1 of part 4 amends a number of laws to remove the Auditor General's requirement to conduct a financial audit of certain agencies and assess the performance reports of two public organizations. Section 15 of part 4 amends the Canadian Security Intelligence Service Act to abolish the position of inspector general. Section 25 of part 4 dissolves the Public Appointments Commission and its secretariat.

Once again, I could go on. I will stop here and simply say that nothing in this budget will serve the Canada of the future, which we should be building today.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 5:20 p.m.
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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I agree with the member for Gatineau. I do not know what document the member for Mississauga East—Cooksville was speaking to but he did talk about debt reduction.

Yes, there is debt reduction in the bill, but it would certainly increase the gap between the rich and the poor. Bill C-38 is clearly a charter of rights for the corporate sector so that it can exploit and extract resources without any recourse from the people of Canada on our environment and industries. We know that corporations are not investing the billions of dollars they have invested.

Regardless of our differences, 70 pieces of legislation would be affected by this bill. Will the member at least stand in his place and agree to split the bill so that this place can have a debate and Canadians can see the real impact and the real damage that this bill would have on this country?

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 5:20 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I listened very carefully to my colleague.

I do not know if my colleague and I are looking at the same document, but Bill C-38 is supposed to be a budget implementation bill. The member seems very proud to say that it is not a short-sighted bill. Maybe not, but it will massacre nearly every system that exists in Canada for years to come.

What does he think of a budget implementation bill that has 753 clauses, of which only 51 have to do with taxes? The other 702 announce a new way of governing and have nothing to do with any budgetary matters.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 4:55 p.m.
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NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Madam Speaker, it is an honour and a pleasure for me to talk about this bill today. It is also practically a miracle, given that the government has limited the time for debate. I want to point that out right away so that as many people as possible understand what non-Conservative members have to deal with every day. The government is constantly imposing time limits and gag orders, as my colleague mentioned earlier.

Bill C-38, An Act to implement certain provisions of the budget, is the biggest bill that has come before the House this year. The country's finances will be managed and programs will be cut or saved based on what is in this bill. The Conservatives are eliminating many programs.

Not all members of my party or all opposition members will have a chance to talk about this bill, and that is utterly ridiculous.

The bill is over 400 pages long. It is a complex bill that should be studied much longer. Yet the opposition members are up against the time allocation imposed by the government, which is limiting debate. Basically, there is no way to address everything that is in this bill. This is an omnibus bill. As we have said repeatedly on our side of the House, there are many things pertaining to finances in this bill and many things that have nothing to do with finances. With this omnibus bill, the government tried to include all kinds of bills that it wants to pass quickly, without examination and without giving the appropriate committees a chance to study them.

I thank my colleague from Drummond, who pointed out that everything having to do with fish habitat will not be examined by the Standing Committee on Environment and Sustainable Development or the Standing Committee on Fisheries and Oceans. Instead, it is the Standing Committee on Finance and its subcommittee that will examine the future of fish habitat in our country, which is ridiculous.

There are several aspects that I wanted to address. I will try to do so as quickly as possible, since I do not have much time. Earlier, a colleague across the floor was talking about youth and how proud he is to see so many things for young people in this bill. I am part of Canada's younger generation and, I must say, if I were an ordinary citizen—I mean if I were not an elected official—and I still had student loans to pay back at age 27, I would find my future very depressing.

There has been a lot of talk about the retirement age. In fact, it is very easy for the government to raise the retirement age from 65 to 67 in the next decade, and it is smart for the Conservatives to include this change in this bill. People will be a bit confused, and 10 years from now, when the change affects them, they will think that the government of the day is to blame. The current government is trying to confuse people so that they will forget what is happening.

What is happening is that the government has raised the age of eligibility for old age security benefits by two years. What impact will that have, aside from shifting the cost to the provinces? It will mean that the most vulnerable people in our society, often women, who receive provincial social assistance benefits, are going to have to wait another two years. Social assistance benefits do not pay as much as old age security benefits. These people are going to have to live two more years in dire straits. This is going to affect my generation, not people who are over 55 now. It is going to affect today's young people, tomorrow's seniors, who are going to have to work for two more years.

What has the government done for young people? It has done away with the Katimavik program, in which my sister, many of my friends and many people in my riding participated. It was a great program that taught young people the value of bilingualism in Canada, because it gave them an opportunity to learn both official languages. In addition, the program allowed young people to work in other provinces and discover Canada. It gave them the chance to gain leadership experience and become independent. It was a wonderful program that did not cost much compared to what the ministers in this government spend. Yet the government decided that for ideological and political reasons, it did not like this program, so it scrapped it.

The unemployment rate is highest among young people and there is nothing in the government's budget to address youth unemployment.

The government says that it is going to inject millions of dollars into helping the unemployed find jobs. In the meantime, it is cutting positions in the public service and in areas that interest young people, such as the environment. It is cutting funding for community groups that provided jobs. Young people from my generation that are graduating from university are ending up unemployed. The same is true for those finishing CEGEP or secondary school.

We are certainly grateful for the extra $50 million the Conservatives are going to invest in hiring under the youth employment strategy, but that is not enough. It is a far cry from a job creation strategy for unemployed youth.

A young person in my riding is worried about the skill link program. There is nothing in the budget for that program either. I find it worrisome and I do not understand how the member opposite can say that this budget is so great for youth.

Things with the environment are no better. We are living on a planet that is experiencing global warming. We have seen it over the past few weeks. A month ago it was 27oC out, and the following week it was -5oC. That is not normal. Young people are the ones who are going to suffer the long-term consequences of the Conservatives' current inaction.

As I said earlier, the most ridiculous aspect is that all the environmental measures in this budget will be studied by the Standing Committee on Finance. That is nonsense.

This bill has consequences for the future, for my generation and for everyone. Life expectancy is longer now. People who are 60 today, and who will live to be 80 or 90, will feel the effects.

Pollution is part of our lives today. I have asthma. I moved from Sherbrooke to Montreal and I felt the effects of living in a big city where there is more smog and more pollution. It is not inconsequential. This is happening right now and the Conservatives are doing nothing about it.

It is shocking that nothing is being done for aboriginal youth. We have talked about education for aboriginal youth. The government tries to boast about putting money into education. However, Cindy Blackstock, who is with the First Nations Child and Family Caring Society of Canada, took the government to court because it was shocking to see that nothing was being done for aboriginal peoples and to show the gap between funding for aboriginal children and all other children in Canada.

The government took the case to the Federal Court—we do not know if it will go to the appeal court—and it claimed that aboriginal children cannot be compared with children from another country because their situations are different. I am sorry, but a young Canadian is a young Canadian. Aboriginal children should have the same right to education and the same right to health care as other children.

At the same time that it was boasting about helping aboriginal peoples, the government cut funding to the Native Women's Association of Canada and the Assembly of First Nations. These two groups can no longer continue with their health initiatives. The government is harming the health of Canadian aboriginal children, while boasting about giving money to aboriginal peoples.

Getting back to the environment, this budget puts the kibosh on Kyoto. There is one sentence somewhere in the budget that says the Kyoto protocol will no longer be in force.

I see that I have just a minute left. I do not have much time, but I want to quote Devon Page, executive director of Ecojustice, who said that this budget is “a clear attempt to speed through new legislation and avoid parliamentary debate. And we think it’s wrong. Overhauling the laws that protect the air we breathe, the water we drink and the communities we live in needs vigorous debate. That’s how democratic societies operate.”

That suggests to me that this executive director thinks our country is not democratic. Personally, that makes me worry about my future.

I have a few seconds left. I would have liked to talk about immigration, a little more about the environment, and transportation. There is nothing in this bill for public transit, even though we would like to see a national public transit strategy. I would have liked to talk a little more about the economy, but I cannot because there is a time allocation motion that denies us the right to speak.

I will answer questions to the best of my ability. The main thing is that we cannot support this bill. It is ridiculous.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 4:25 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

I would like to thank the member for Drummond for his applause.

The New Democrats believe that Parliament and government should be open and respectful. We believe it is shameful to try to be introduce measures by stealth in Parliament, particularly measures that will make the government even less transparent. The 2012 budget contains reckless cuts in services on which Canadians depend, including the old-age security program, culture, transfers to the provinces, infrastructure programs and environmental assessments.

The Conservatives say that their budget focuses on job creation. However, they even admit themselves that this budget will lead to 19,200 job losses in the public service. I do not know if this is their job creation plan, but clearly, it is not working. It is important to note here that the job losses in the public sector will inevitably lead to losses in the private sector; they are interrelated.

Consequently, we are strongly opposed to Bill C-38 because of its content, and also because of the very improper procedure being used. The NDP team will oppose the 2012 budget and its implementation act, unless the act is amended to focus on the priorities of Canadians, that is, creating high-quality jobs, protecting our environment, strengthening our health care system and improving retirement security for everyone.

Let us look at environmental assessment. Bill C-38 repeals the Canadian Environmental Assessment Act and replaces it with a new environmental assessment system designed to expedite the approval of major projects, including pipelines, and to gut the environmental protection rules. Bill C-38 increases the minister's discretionary power with regard to major pipeline projects. It gives cabinet the power to make decisions about major pipeline projects and allows the National Energy Board to authorize the construction of pipelines and power lines that cross navigable waters. In addition, it gives cabinet the power to veto a NEB decision and to approve a project previously turned down by the board. As I mentioned earlier, at least one-third of this bill is devoted strictly to environmental deregulation.

Bill C-38 also delegates the environmental assessment process to other authorities, including the provinces. With this bill, the government is once again offloading federal expenses onto other levels of government. It is not the first time we have seen this.

Bill C-38 repeals the Kyoto Protocol Implementation Act, which means that Canada will no longer be required to report its greenhouse gas emission levels. In this regard, just about everyone in Sherbrooke agrees: the Conservative government's decision is wrong-headed.

As for old age security, Bill C-38 amends the Old Age Security Act in order to implement the changes announced in the budget.

Although we support the measures to make registration for old age security and the guaranteed income supplement automatic and we support the voluntary deferral of benefits, we strongly oppose gradually increasing the age of eligibility from 65 to 67.

Several experts, including the Parliamentary Budget Officer and the federal government's chief actuary, have confirmed that the old age security program is sustainable. And yet the Conservatives want to balance their budget on the backs of our seniors. The Conservatives have run up the largest deficit ever recorded in our history. And then they want to tell our seniors that they are the one who will have to pay for it.

When did we hear about this measure in the election campaign? Never. They never mentioned the measure in the election campaign and now they are throwing it in our faces, taking us completely by surprise.

As for transparency and accountability, the most important aspect is how they are reducing the Auditor General's oversight powers. Bill C-38 eliminates mandatory financial audits by the Auditor General for 12 agencies—yes, I said 12 agencies.

Bill C-38 dissolves the Public Appointments Commission. The elimination of this commission will significantly reduce the transparency of the government and the public appointment process, and will open the door to more political interference.

As far as culture is concerned, hundreds of millions of dollars in cuts will be made in phases to the Canadian Broadcasting Corporation ending in 2014-2015. Telefilm and the National Film Board will also be affected.

In my riding, Radio-Canada Estrie contributes to our community by providing us with information in a diligent, professional and consistent manner. These draconian cuts make it hard for the people of Sherbrooke to be on top of local current events and to add their voices to the national and regional discourse. In Sherbrooke, we are proud to have a Radio-Canada bureau that delivers the region's news to us night after night. I will oppose any measure that might jeopardize its ability to do its work properly.

This budget is penalizing the general public. The Prime Minister can find money to build new prisons, buy fighter jets and provide gifts to corporations, but who will have to pay for all this and work an extra two years to subsidize these ideological expenses? The middle class and seniors, that is who. In light of this complete lack of leadership, I am very worried about the government's cuts that, once again, will hurt the public the most.

When it comes to communities, the budget has forgotten all about cities. It contains nothing for public transit, nothing for housing and nothing for immigrant settlement services. We have been advocating for a long time for more investments in municipal infrastructure in order to facilitate access to the region and to build the new Champlain Bridge. In fact, the budget cuts $500,000 from amounts to be allocated to Jacques Cartier and Champlain Bridges Incorporated in 2013-14. It is obvious that the Conservatives do not care about the interests of our communities.

The government will have to address an important matter in my region. I am referring to the Sherbrooke airport. The announced reduction in infrastructure spending is not very encouraging. However, I will continue to defend this project and I hope that the government will be listening.

In stark contrast to the Conservatives, the NDP is determined to address the real priorities of Canadian families: jobs, health care, pensions and environmental protection.

We will be voting against the bill, because of its content and the way in which it has been presented.

I will close by stating that the people of Sherbrooke strongly oppose this bill. One month ago, I held a public consultation and asked my constituents what they thought of the budget. The main reaction was the fairly quick rejection of this budget, and I am here to make that point on their behalf. I hope that the government will not turn a deaf ear.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 4:25 p.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Madam Speaker, I am very pleased to speak to this bill on behalf of the people of Sherbrooke. I consider myself to be very lucky to be able to speak to the Conservative budget, because the Conservatives have once again allotted very little time for Parliament to discuss it. The government is showing unbelievable contempt for our institution and our democracy by limiting the right of Canadians' representatives to speak on such an important and imposing bill.

People everywhere are speaking out against this undemocratic practice. The Conservatives' argument to justify the countless time allocation motions to limit debate was that these matters had been discussed in previous Parliaments. That argument no longer holds water because we are talking about budget 2012 and a great number of measures that have never been discussed before, not even during the election campaign. There is no good reason to study this bill in record time, as we are doing today.

Bill C-38 is a massive omnibus bill that goes far beyond the scope of the budget. Tabling a bill with such a huge scope and such a tight deadline undermines the nature of Parliament. In fact, this massive bill of 421 pages does not contain only the measures set out in the budget, but also a number of changes that were not previously announced. At least a third of Bill C-38 aims at weakening environmental rules and protections. It is incredible and incomprehensible. It is enough to make us wonder whether they are so ashamed of the measures and the decisions they are making that they have to hide them in such a huge bill.

Canadians are not that gullible and, luckily, there is one party that is standing up for them every day in the House of Commons. I am happy to be able to speak on behalf of the citizens of Sherbrooke, and to defend their interests here, in the House of Commons, and to condemn this government that does not respect democracy.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 4:10 p.m.
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Conservative

Daryl Kramp Conservative Prince Edward—Hastings, ON

Madam Speaker, I am pleased and honoured to speak today to what I consider to be one of the most important budget documents, not only our country but for every citizen.

Canadians across the nation contribute so much during their lives. Moms and dads go to their jobs each and every day and yet still find the energy to raise healthy and happy families. We have seniors who have given so much to our communities and still do to this day. We have men and women in the armed forces who make tremendous sacrifices each and every day. In my riding, I have the Trenton Canadian Forces base and we have seen, sadly, the damage that can happen and the enormous sacrifices that are made on behalf of freedom. We all recognize that so many times over the years freedom is not free.

We have farmers who rise early every morning and who many times do not finish working until long after the sun goes down.

We have entrepreneurs, like our friends in the gallery here today, whose hopes, dreams and hard labour are invested in their shops and stores.

Canada is made up of hundreds of thousands of decent, honest people and a multitude of communities doing their best day after day. The one thing I believe they share is the belief that their hard work and dedication should be rewarded with a secure and worry free future.

There is an old African proverb that says, “For tomorrow belongs to those who prepare for today”. I think most people in this House from both sides would agree with that philosophy.

I am confident that Bill C-38 is the bill that addresses Canada's needs not only for today but, more important, for tomorrow and certainly over the long run.

However, we must recognize the reality that the world economy is still fragile, particularly in Europe and in the United States. I can assure members that we are not unaware of the dangers that this fragility poses. However, through measures that we have already taken, we can proudly say that we have helped to protect Canada from the worst of this global recession.

Prudently and proactively, from 2006 to 2008, our government paid down over $37 billion in debt. That brought our debt to its lowest level in a quarter of a century. Just under 700,000 jobs have been created since July 2009 in the workforce, which is the strongest job growth record in the G7. Canada's economy has expanded for nine of the last ten quarters. Our unemployment rate is well below that of the United States and that is the first time that has happened in more than three decades.

The World Economic Forum ranked Canada's banking system as the soundest in the world. There are nearly 200 countries in the world but we are ranked number one, which is most enviable. We have maintained that ranking for four consecutive years.

Forbes magazine ranked Canada number one in the world for opportunity and for businesses to locate, grow and create jobs. I think there is no doubt that Canada is in a strong and enviable position going forward.

It is crucial to understand what the budget would not do.

First, we are not raising taxes. I will quote John F. Kennedy from his annual budget message to Congress in 1963 where he said:

Lower rates of taxation will stimulate economic activity and so raise the levels of personal and corporate income as to yield within a few years an increased — not a reduced — flow of revenues to the federal government.

There is a clear consensus that higher taxes kill jobs and create less income. That is a reckless idea that only the opposition parties blissfully and blindly follow. Our policy of lower taxes has and will continue to make us more competitive and prosperous.

The second “not” is that we are not balancing our government's books by cutting transfers to seniors or other levels of government for health, education and social programs like the previous government. We will not balance our budget on the backs of the provinces and municipalities that would force taxes back onto the regular everyday taxpayers. There is only one taxpayer.

Regrettably, I only have a few minutes, so I will not have the opportunity to fully elaborate on all the things we are doing to strengthen the financial security of workers, businesses and families. However, I will take my remaining time to highlight just a few of the bold and significant steps we have taken in Bill C-38, which lays the foundation that focuses on the things that matter most to Canadians, increasing jobs and, certainly, maintaining economic growth.

How are we doing it? We are encouraging ownership, innovation and world-class research with over $1.1 billion in significant investments for research and development, over $500 million for venture capital, and support for increased public and private research collaborations. There are measures in this budget to improve conditions for business investments by continuing to keep taxes low, measures such as extending the hiring credit for small business for an additional year, and I can tell members that in much of rural Canada this is a most welcome initiative.

We are investing in training and infrastructure and opportunity for Canadians by investing in programs that will help our youth, our Canadians with disabilities, aboriginals and workers over 50 get back into the workforce. We are reforming the EI system to promote the creation of jobs and remove the disincentive to work.

We are helping families and communities by assisting victims of crime, with a clear focus on the victim. We are improving water quality for first nations communities, investing $150 million to support repairs and improvements to existing community facilities and, of course, improving the registered disability savings plan to help ensure the long-term security of children with severe disabilities.

We are looking ahead. We are ensuring that vital social programs and services are there for Canadians by making gradual and responsible adjustments to the old age security. I know a number of my colleagues on the other side bemoan our activities, but they are denying the facts. As an example, the average life expectancy of Canadians is on the rise. Baby boomers are already close to or at retirement. Meanwhile the birth rate has decreased. Clearly there are four working, taxpaying Canadians for every senior on a current basis. In 20 years, that will be down to two.

It has been estimated that the cost of old age security will grow by around $70 billion in just under 20 years, if we take no action. That is why preventive measures are imperative. Our government will work to protect the retirements of current and future seniors by increasing the eligibility age of OAS from 65 to 67.

We are being proactive, as the change will not come into effect until 2023, and even then it will be phased in gradually. Of course, Canadians currently 54 years of age or older as of March 31, 2012, will not be affected at all by this change. This is timely, considered and responsible action that is needed to sustain OAS for future generations of seniors.

We are also bringing pension plans for public sector employees and parliamentarians back into line with those of Canadians who work in the private sector. We are supporting our seniors by continuing to invest in the new horizons for seniors program. This is a program that supports projects led or inspired by the seniors themselves who make a difference in the lives of others and in their communities.

I know in my riding of Prince Edward—Hastings, from one end to the other, seniors have embraced these opportunities to stay engaged, to stay active and of course to stay healthy.

We are looking after our environment by investing, as just one example, $50 million alone for the protection of Canada's species at risk. We are creating more parks and new parks, the most ever in the history of our country. We are supporting the health of our lakes, by providing extended tax relief for clean energy generation equipment and, of course, by following through on our commitment to Cancun.

Economic action plan 2012 also demonstrates our government's strong support for my province of Ontario through record federal transfers, support for health care and education and other critical services. Totalling $19.5 billion in 2012-13, the transfer support represents an increase of nearly $8.4 billion or a 77% increase from the former Liberal government.

Yes, we are investing, but we are also saving. Our government's prudent plan to return to balanced budgets over the medium term is on track. Over the past two years, we have put in place targeted spending restraint measures and have reviewed government administrative and overhead costs. These actions have already delivered over $0.5 billion in new savings, which are ongoing.

This budget is a balanced approach, and it is the pattern that I have commented briefly on today for long-term success, success for seniors as well as future retirees.

It is clear that the government is planning for tomorrow, and we are doing it today.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 7th, 2012 / 3:40 p.m.
See context

NDP

Françoise Boivin NDP Gatineau, QC

Madam Speaker, I thank the hon. member for her question. I would have to say that I do not have an intelligent explanation for what the Conservatives are doing. Many measures in the bill are absolutely incomprehensible.

She gave some examples. but there are many others. We wonder how the government could be in favour of putting an end to the Kyoto protocol.

Just imagine: a single sentence in Bill C-38, the budget implementation bill, announces that the Kyoto Protocol Implementation Act, Chapter 30 of the Statutes of Canada, 2007, is repealed, effectively killing the Kyoto protocol. That is what this government does after we entered into international agreements and gave our word as a country.

I want to tell the people who are watching—and I say this with no ill will, because it is the truth—to be careful when dealing with the Government of Canada, because its word is not worth very much.

With a government that is prepared to do something like that, it is any wonder that the budget said nothing about the measures my colleague mentioned, yet they showed up in Bill C-38, the budget implementation bill? Nothing in this House surprises me anymore. There are things that disappoint me every day, but nothing surprises me anymore.