Bill C-38 (Historical)

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

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.

Jobs, Growth and Long-term Prosperity Act

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I will be very brief. Once again, my colleague mentioned another issue—the bill is a brick and covers all sorts of things—that the Standing Committee on Industry should have studied.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I rise in this House today to oppose both the form and the substance of Bill C-38.

This bill is a jumble of dangerous legislation rolled up into an omnibus bill. In the time allotted to me, it will be impossible to identify the multitude of problems this bill contains, but I will nonetheless try to address as many of them as possible, because these legislative changes will hit my constituents in d'Argenteuil—Papineau—Mirabel hard.

Among other things, this bill raises the eligibility age for old age security and guaranteed income supplement benefits; repeals the Kyoto Protocol Implementation Act; weakens the environmental assessment system and the measures to protect fish habitats, to expedite approval of large projects; changes the definition of interested parties, to narrow the scope of public participation in the environmental decision-making process; eliminates the Auditor General’s oversight of a number of agencies; repeals the Fair Wages and Hours of Work Act, which will allow employers to circumvent the wage rates set by unions for construction workers hired on projects funded by the federal government; amends the Employment Equity Act so it does not apply to federal contracts, which is a direct attack on women, aboriginal people, persons with a disability and visible minorities; and amends the Seeds Act so that private businesses can then be allowed to perform food inspections.

This bill does a lot of other things, but these aspects in particular are really going to hurt my constituents in Argenteuil—Papineau—Mirabel.

I want to talk in greater detail about the fact that Bill C-38 repeals the Fair Wages and Hours of Work Act. That act has protected construction workers who work on federal projects since 1930. It guarantees them reasonable hours and a decent wage. But the government is now attacking these workers and their fair and equitable wages. Without that protection, we will be going back to the standards that were in effect in the 1930s.

As well, the Employment Equity Act will no longer apply to federal contracts. The role of that law is to protect the rights of women, minorities, aboriginal people and persons with a disability. Even with that legislation, those groups continued to suffer discrimination. And now, the government wants to take away what little protection there is.

I very much hope for the day when we live in a world where that act is no longer needed, but that is absolutely not the case. In 2002, in fact, it was recommended that this House strengthen the act, not narrow its reach.

These changes to the rules governing government subcontractors can be based in nothing other than the Conservative ideology that wants to demolish Canadians’ rights by allowing discrimination and unfair wages.

The federal government should be an exemplary employer. How can Canadians trust a government that attacks the rights of workers and its subcontractors when it comes time to protect them from the abuses of faceless megacorporations?

The current government loses on all fronts when it attacks its own employees and does nothing to protect others from brutal layoffs by companies chasing huge profits overseas.

This omnibus bill is not only dangerous for our institutions and for workers, but it also attacks the health and safety of all Canadians. Environmental deregulation and cuts to food safety are similar in their impact and, accordingly, the entire food production chain will be affected.

With environmental deregulation, we will no longer be able to protect our air, our water and our soil. Opening the door to privatizing the Canadian Food Inspection Agency will open the door to having seed inspections done by a subcontractor. That means less control and less information for the government, which could always deny knowing anything if things go wrong. This could also apply to food inspection. The government keeps offloading its responsibilities.

Ultimately, this deregulation and whittling away of checks and balances could have an effect on the health of Canadians. What is more, the government is weakening transparency and responsibility within government in the area of health.

This bill is bad for the Canadians in my riding. From Oka to Montpellier, Canadians want environmental regulations that protect them. From Mirabel to Ripon, farmers want to be able to count on the government to have regulations and inspections that are solid, fair and meaningful. From Morin Heights to Thurso, Canadians are fed up with this government, which has shamed us by withdrawing from the Kyoto protocol and is now waging a full-blown war on all the sectors of government that are responsible for providing a healthy environment for all Quebeckers and Canadians.

And just when we thought that the government could not stoop any lower, in the same bill it is attacking pensions by raising the retirement age from 65 to 67. As elected representatives, we cannot reduce the deficit by stealing Canadians' pensions. The OAS and the GIS are crucial to our public system because they help to fight poverty. The Conservatives are stealing two years of Canadians' pensions for reasons that do not make sense. There is no old age security funding crisis in Canada.

The government's most recent actuarial report indicates that the OAS and the GIS accounted for 2.37% of GDP last year, in 2011. This percentage will rise modestly to 3.16% in 2030, but will then fall below the current level to 2.35% of GDP in 2060. Clearly, there is no problem with long-term viability, and yet the Conservatives are trying to fool us by saying that these changes are intended to ensure the long-term viability of the program. However, these programs are efficient and economically sound, and the government's statements are unfounded.

In closing, the Conservatives are claiming that this budget focuses on job creation. In reality, however, a third of this bill is dedicated to scrapping regulations that protect the environment. Moreover, the Parliamentary Budget Officer has indicated that the legislation will result in the loss of 43,000 Canadian jobs. And on top of all that, we are going to have to vote on a bill without having an opportunity to engage in a proper debate on it.

I would like to draw the House's attention to what Hélène Buzzetti wrote in Le Devoir on April 27:

Yesterday the Conservative government introduced a mammoth budget implementation bill.... Everything will be examined as quickly as possible by a committee that specializes in finance.

Each of these issues could have been dealt with in a separate bill and analyzed by the appropriate parliamentary committee. Instead, the government lumped them all together in one document that will be studied all at once...

A mammoth bill, that is what the media is calling it. I would remind the Conservatives that the mammoth is an extinct species. I hope the members across the floor realize that this omnibus bill should suffer the same fate and die when it comes time to vote.

[Christian Paradis, Conservative, Minister of Industry and Minister of State (Agriculture)]

Mr. Speaker, I heard the member talking about her riding.

I also travelled around her riding and saw young people in Mirabel who were very happy with the support we are providing, particularly for the aerospace industry, and with the fact that we are funding research and development, innovation, and science and technology, in order to be able to stand out and market innovative ideas, in other words, to create wealth.

In order to provide quality services, we need to create wealth. This means reducing red tape, helping our industries and stimulating the economy, as we did during the recession. We were able to create 700,000 net new jobs. The member's party voted against all of those initiatives at the time.

Frankly, if we had followed the NDP way of thinking, the recession would have hit Canada much harder. We would be facing a debt crisis, just as the rest of the world is right now.

I do not understand how she can talk about people in her riding when we have a positive record, particularly in the Mirabel area in the aerospace industry.

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I would like to quote my colleague from Hamilton.

My colleague from Hamilton just said that if the government were so proud of it, why did it not send it to the industry committee?

I live in Saint-Augustin-de-Mirabel, and I spend a lot of time talking to the people of Mirabel. The issue that the people of Mirabel are most concerned about is the environment. In fact, at least one-third of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, is about environmental deregulation. The government is implementing everything it said it would and more. My constituents had already completely lost faith in the government for attacking the environment, doing nothing and withdrawing from the Kyoto protocol. Now things are even worse.

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

Mr. Speaker, I would like to thank my colleague from Argenteuil—Papineau—Mirabel. I would like to talk to her about a specific issue.

We are both members of the Standing Committee on the Status of Women. The member for Burlington, Ontario, spoke in committee a little while ago. He must be in the lobby. He must understand.

I know that the Standing Orders prevent me from saying where a member is, so I apologize. Still, I know he is there.

During a meeting of the Standing Committee on the Status of Women, the member mentioned that the budget will help aboriginal communities. Fortunately, a professor from First Nations University of Canada in Alberta told us that, among other things, the budget was cut by 100%. I hardly dare say it.

If that is what they call helping aboriginal communities, what more could they do to hurt them?

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, this gives me another chance to talk about my riding.

The community of Kanesatake in my riding is concerned about the consultation that is being done with first nations when it comes to a wide variety of things, but especially the environment. Bill C-38 would cut back on the community's ability to be consulted with respect to its concerns on environmental issues.

I would remind the member that Kanesatake is on the St. Lawrence River near the Ottawa River and on Lac-des-Deux-Montagnes. Those waterways have wide implications for federal waters and things like that, yet up until now there has not been enough consultation and not enough has been done to protect those waterways. Now the people who really care about them will not be consulted as much.

[Randy Hoback, Conservative, Prince Albert, SK]

Mr. Speaker, I will be splitting my time with the member for Fredericton.

It is my honour to be here today to speak to the budget and budget implementation. It is something that is actually very easy to speak to, because it makes so much sense and it actually sets Canada up for a future that will be very strong.

We will not raise taxes. We will not be balancing our books on the backs of the provinces. We actually have a game plan that will create a Canada that we will love into the future, a Canada that will be prosperous into the future and a Canada that we all can be proud of.

We will have low taxes, growth and proper prudent fiscal management, which will, as I said, bring about strong economic growth. I see a bright future not just for us sitting here today, but for our kids, our grandkids and our great-grandkids. It will be a great time to be a Canadian, and we should all be proud of it. We should compliment the Prime Minister, the Minister of Finance and the Minister of State for Finance on how great a job they have done on the budget.

In the past two years, our government has already cut Canada's temporary planned deficit from the recession in half, a deficit that all members of Parliament agreed was necessary to stimulate the economy through investment in infrastructure. Since then, our economy has created some 700,000 net new jobs, placing Canada in one of the strongest fiscal positions in the G7.

Thanks to the government's strong fiscal management, Canada's budgetary balance will not be reached through the type of harsh fiscal and economic shocks now being implemented in parts of Europe, but through a building of Canada's successes by implementing moderate restraint in government spending. The majority of savings in spending will come from eliminating waste in internal government operations. We will make government leaner and more efficient. By doing this, we will be able to stay on track to balance Canada's budget by 2015.

The economic action plan 2012 will also not cut transfers to the provinces or senior levels of government. We will not balance our books on the backs of seniors and we will not balance our books on the backs of the municipalities or the provinces. We will balance the books through a combination of growth and finding efficiencies within the federal government that are there right now and that we can find with the departments. Unlike the Liberal government, which balanced its books on the backs of seniors and the provinces and created incredibly long wait-lists for medical attention and doctors' treatments, we will actually be increasing the transfers for health care and education. This budget is doing something that the Liberals never could do: it is taking responsibility for its own spending and ensuring that the use of taxpayer money is done in a proper fashion.

My province, Saskatchewan, will receive close to $1.3 billion in transfers in 2012-13. This long-term, growing support helps ensure that Saskatchewan will have the resources required to provide essential public services and contributes to the shared national objectives, including health care, post-secondary education and other key components of Canada's social programs.

Saskatchewan will also benefit from continued direct targeted support in 2012-13. It includes $14 million for labour market training as part of a commitment of $500 million a year in new funding to the provinces and territories, which began in 2008-09, and $8 million for the wait times reduction funds, part of the 10-year plan to strengthen health care across Canada.

We are working to strengthen the financial strength of workers, businesses and families to help create good jobs and long-term prosperity from coast to coast to coast. To help do this, for instance, we will extend by one year the hiring credit for small businesses, a measure we already know works to encourage employers to hire more workers. Furthermore, we will increase our funding for skills training for students, older workers and those Canadians with disabilities.

In Saskatchewan, our unemployment has been staying around that 4% to 5% range. It is actually a province that is doing very well. It is a province that came from an NDP background where we were shipping our kids to Alberta and everywhere else across Canada to get jobs. All of a sudden, we changed to a government that actually knew how to embrace the economy and let business do what business does, which is create jobs. This budget also does that.

When we look at the results in Saskatchewan, with a 4% to 5% unemployment rate, there is growth. We are looking for trades, skills and people. It is such an amazing success story. That is something we want to see continue right across Canada. We can never let the NDP get a foothold here in Ottawa because it would do what it did in Saskatchewan and it would actually break the country.

Another part of our plans for jobs, growth and long-term prosperity includes investing in innovation and world-class research. In response to the Jenkins report, economic action plan 2012 includes substantial funding to help create value-added jobs through innovation. We will better support the National Research Council and the industrial research and development internship program. We are also committed to additional funding to support advanced research at universities and other research institutions. We are making Canada the best place to invest.

We need to ensure that Canada is the place in which businesses want to invest in the long term. In the next 10 years, more than 500 economic projects representing $500 billion in new investments are planned across our country. In Saskatchewan, natural resources, from potash to oil, gold, coal, diamonds and uranium, offer huge potential and create even more jobs and growth.

To reach our country's full economic potential, we will implement reasonable, responsible development and smart regulations for major economic projects, respecting provincial jurisdictions and maintaining the highest standards of environmental protection. We will also streamline the review process for such projects according to the following principles: one project, one review, completed in a clearly defined time period, which will ensure that Canada has the infrastructure we need to move our exports to new markets.

That is very important for the province of Saskatchewan, because we have so many resources that are in the process of being developed. These guys go out, stake their claim, develop a mine and prove that it is financially viable, and then they sit there and wait, and it is not one year, not two years, not three years, not four years: they are waiting five or six years in order to get the environmental process completed, an environmental process that is stacked upon province and federal.

If we look at the situation now, these projects will get completed in two years, or three years at the most. They will have some bankability and know that when they invest big dollars, millions and millions of dollars, it will have a huge impact in ensuring the project is viable and can become a mine. However, what is very important, and something that we have stressed throughout, is that we will not shortchange or short-cheat the environment. We are ensuring that all the environmental requirements are met and we are working with the provinces to ensure those environmental standards are up to a standard that Canadians expect and deserve. We are not taking any shortcuts. Again, we are just getting rid of duplication, waste and bureaucracy.

One thing this government has done very well over the last few years is on international trade, and I congratulate the Minister of International Trade for the work he has done on this file. We will have a low corporate tax rate of around 15%. We have a market already through NAFTA that has roughly 300 million consumers, and then, with the Canadian-European trade agreement that we are working on, we will have another 500 million consumers.

Canada will be the only country in the world that will have market access to not only of the U.S., Mexico and other trading partners that we have agreements with already, but we will have market access to the European Union once the Canadian-European trade agreement is done. I cannot tell members how huge this is will be for Canada. It will create so many jobs it is unreal. We will have access to 500 million more consumers. We will have access for companies that would have low tax rates to locate here in Canada. They will know that just by locating here, they will have 800 million consumers they can trade with, and that is not counting the other trade agreements we have with Chile and Peru and the possibility of the Trans-Pacific partnership that we are working on and hopefully will be involved with in the future. Canada gets it. The Minister of International Tradegets it. We are an exporting country.

I come from a province of agriculture producers. We make our money from trading. We need to ensure we have market access. Our minister understands that and is doing everything he can to ensure that we have it. That is one of the things that will make this country a bright country in the future.

There are so many things we can talk about in the budget and how it will impact families, pensioners and long-term prosperity. However, I cannot stress enough that when we combine low tax rates, we create jobs.

When companies have a low tax rate, they create jobs. I know the NDP thinks that companies are these huge multinationals, but there are companies like Ted Matheson Men’s Wear in Prince Albert. When his tax rate is a little lower, he can hire another employee to work in his store. It is the manufacturers that we see out in St. Brieux, like Bourgault Industries, which is not a small manufacturer by any means, but when they have low tax rates, they are reinvesting in that small town of St. Brieux and in the areas of Melfort, Tisdale and Humboldt. That is what happens when we have low tax rates. It is better to leave that money with the companies and have them invest it in their communities than to send it to Ottawa and have it wasted somewhere else.

I think that if businesses are wondering where they should set up a business to manufacture and grow, it is right here in Canada. This budget helps implement and put in place the solid rooting for proper businesses to grow in the future throughout the world.

It is an amazing budget and one that I am proud to support. I cannot imagine how somebody could not support this budget. If they do not support this budget, then they do not have Canada's long-term interests at heart.

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I would like to thank the hon. member for that information.

Bill C-38 contains many provisions, in particular, division 49 of part 4.

Why eliminate the First Nations Statistical Institute? By doing so, I believe the government is eliminating an independent source of statistics on first nations. In my riding of Joliette, there is the Manawan Atikamekw community.

[Randy Hoback, Conservative, Prince Albert, SK]

Mr. Speaker, it is classic NDP spending priorities. We can take that money, put it on statistics and hire people who will study and study more things, or we can actually take that money and put into more education for aboriginal students, because that is what they are asking for in my riding. They are asking for more spaces to go to school, to take on a trade or get a university degree. They are asking for better funding for their elementary schools and high schools.

When we have a dollar to spend, I know the NDP would rather spend it on some theory or some professor doing some theoretical work. The member should not get me wrong; I am sure the statistical work is very important work, but if we only have a dollar to spend in a lot of situations, we need to ensure that dollar is used in the most effective way. I think it is more effectively used getting direct impact help to the aboriginal kids and students who require it than going to some other areas.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I know the hon. member for Prince Albert has been working hard in his riding representing the agricultural community. A lot that is in the budget really does help out agriculture. It helps out our municipalities. It really does address a lot of the concerns and needs that we have in rural Canada.

I was wondering if the member wanted to talk about some of the changes that we are making to the way we are handling the permit process for clean ditches, drains, municipal projects and helping farmers deal with excess water.

In my riding of Selkirk—Interlake, we have dealt with excess moisture for three out of the last five years. There have been delays in getting permits from DFO to do something as simple as cleaning out a culvert or building some drains on some farmland. We are backlogged because of DFO as well as the Manitoban government's permit processes. I would like him to talk about how important that is for his agriculture producers to deal with issues in a real time situation so that they can get a crop into the ground and develop better opportunities to advance their productivity.

[Randy Hoback, Conservative, Prince Albert, SK]

Mr. Speaker, I know the member for Selkirk—Interlake had a lot of input in this budget because, if we look at his situation, these are areas where he had a lot of concern for his constituents. He wanted to ensure they had the tools and resources they needed to get the job done on their farms and ensure they can produce a good, healthy crop and have a good lifestyle.

What we were seeing in Saskatchewan with my riding and in the municipalities was just silliness. People would go to put in a culvert and all of a sudden DFO representatives would come and say that they could not do it. They would actually say, “You've got to park that backhoe for three weeks until we come back and look at where you're going to put that culvert. You're going to have to maybe change it by two feet or three feet or you're going to have to put a whole pile of stuff in there.”

What was interesting was that in a lot of these waterways, there was no water. They were waterways where maybe for three weeks water would flow during the spring runoff, and then there would be no water in them for the rest of the year unless we had a torrential downpour. There was silliness going on on the Prairies in terms of DFO, the navigable waters and Fisheries and Oceans.

That is one thing the Minister of Fisheries and Oceans got correct. He understands what is important to maintain a proper vibrant fishery. He also understands the balance of ensuring that what is represented and what is done on the Prairies is actually taking care of the fisheries and also taking care of the needs of farmers and the rural municipalities that work in the area.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I listened attentively to the hon. member's remarks.

I would like to ask him how this budget will promote employment or the type of industry that will add value to our natural resources. This is a problem. The government wants to take our primary resources and export them. We do a lot of trade with many partners. But how does this budget add value to our natural resources to ensure that we have many high paying jobs?

[Randy Hoback, Conservative, Prince Albert, SK]

Mr. Speaker, I could go on for hours on what the response will be from the manufacturing sector and the resource development sector on this budget because of what we have done. Right off the bat I can say that having a low corporate income tax rate is an incentive for companies to locate for value-added here on the Prairies, and that is in the budget. The ability to have markets to sell their products to is something that we are working on through the Minister of International Trade and the trade agreements. Setting the stage so business can go out and employ people and locate here in Canada is important.

That is what we are doing in this budget. We are making it so that government is not creating jobs, business is creating jobs. They will create thousands of jobs, perhaps millions of jobs, based on the good foundations that are being set in this budget.

[Keith Ashfield, Conservative, Minister of Fisheries and Oceans and Minister for the Atlantic Gateway]

Mr. Speaker, I am thankful for the opportunity to address some vital and sensible changes proposed by the jobs, growth and long-term prosperity act.

I would like to first acknowledge and thank my colleague, the Minister of Finance, for putting together a visionary, thoughtful and thorough budget.

I am proud to be part of a government that is taking much-needed steps to help Canadians address the challenges of today's global economy. Our government recognizes that Canada is lucky to be the steward of a vast and abundant array of natural resources. We want to ensure they can contribute to our economic growth and job creation in a sustainable and responsible way now and for future generations.

One of Canada's traditional resources is our fishery. As part of our government's commitment to jobs, growth and long-term prosperity, we have introduced changes to the Fisheries Act that would put a focus on protecting Canadian fisheries. These proposed changes to the Fisheries Act would shift the Department of Fisheries and Oceans from managing all impacts on all fish and all habitat to focusing on protecting Canada's fisheries and the habitat that supports it.

The current Fisheries Act's provisions are indiscriminate. They require that all projects and all waters, regardless of the fish species present or their contribution to fisheries, be considered in the same way.

Under the current rules, an irrigation canal on a farmer's field is valued the same way as the Great Lakes. We frankly do not think that makes a lot of sense.

The role and responsibility of Fisheries and Oceans Canada is indeed to protect this marvellous historic important resource, our fishery. We believe that Canadians want their government to make good, common-sense changes to the system so we can minimize or eliminate restrictions on routine activities on non-protected waterways and, at the same time, maintain appropriate, reasonable and responsible protection for Canada's fisheries.

In short, our government believes that fish protection policies should focus on Canada's fisheries, not on farmers' fields and flood plains.

Contrary to what some opposition members have been saying, the habitat that supports Canada's fisheries includes areas where these fish live, grow and reproduce along with the fish they eat.

We are in good company in our belief that Canada's fish protection policies should focus on fisheries instead of non-productive areas like drainage ditches or irrigation channels.

Berry Vrbanovic, president of the Federation of Canadian Municipalities, has said that the changes “...will allow governments to spend less time processing paperwork for small, low-risk public works...”.

This is good common sense, and a very conservative approach to boot.

He went on to say that:

These reforms will make it easier for governments to set clear, sensible priorities for protecting fish habitats. Currently the Fisheries Act applies the same protections to rivers and streams as municipal drains and farmers' irrigation canals. That doesn't make sense.

We agree with him and the countless other municipal leaders who have been calling for these types of reforms for many years.

Opposition parties should spend more time listening to Canadians about the countless tales of the current rules protecting ditches, man-made reservoirs and flood plains while they should be protecting rivers, lakes and oceans that are home to our fisheries.

Unlike the opposition, we are listening to Canadians. This government will ensure that decisions regarding Canada's vital waterways are made by Canadians in the interest of Canadians.

These proposed amendments would allow us to manage a range of threats, including the killing of fish, the permanent alteration and destruction of fish habitat, and aquatic invasive species.

To manage the threats to the fisheries, we would be able to identify ecologically significant areas for fisheries and ensure higher levels of protection for these areas. We would be able to enforce conditions through the Fisheries Act authorizations. Currently, DFO can set conditions but, believe it or not, cannot enforce them.

These changes would allow us to crack down on those who break the rules and they would align penalties under the Fisheries Act with those in the Environmental Enforcement Act, resulting in much stiffer penalties.

Now that we have set the direction, we will consult with interested groups, conservationists with expertise in protecting waterways, fishermen who benefit from the resource, aboriginals, provinces and territories and municipalities.

These consultations would inform us as we develop the regulatory and policy framework that would support and better define the changes. We will continue to build partnerships with those committed to preserving and protecting fisheries, with the hope that they can play an even larger role in the future.

In fact, we want to enhance partnerships with provinces and territories, industry and conservation groups. Where provinces and territories have laws or regulations for fisheries protection that are at least equivalent to our own, we would now recognize the provincial laws to avoid an unnecessarily duplicative process. We would now be able to incorporate best practices fisheries protection standards established by provinces or industry. The amendments would enable the government to allow other regulators to issue authorizations under the Fisheries Act, such as a province or a federal agency.

We would also be able to enter into agreements with third parties, such as conservation groups or professional organizations, to carry out and further the protection of our fisheries and the habitat that supports it. We want to work better and smarter with our partners and we want the rules to work more sensibly and practically for Canadians.

We would clarify situations where development poses the highest risk to fish and fish habitat and those areas of limited risk. We would establish a new framework, in conjunction with stakeholders, to make it easier for people to comply with the Fisheries Act while working in or near water. This would include identifying classes of low-risk work, such as installing a cottage dock, and classes of water where project reviews would not be required. For medium-risk projects, standards would be established allowing Canadians much-needed clarity while they carry out those projects.

Federal pollution protection laws would continue to protect Canada's waterways as they have in the past. We do not believe it is sensible or practical to treat all bodies of water the same way, and our government is making long-overdue changes to our rules to focus DFO on what is important to Canadians. It makes good common sense that the government should be able to minimize or eliminate restrictions on commonplace activities that pose little or no threat and, at the same time, maintain appropriate, reasonable and responsible protection for Canada's fisheries.

Other Canadians also believe that the Fisheries Act is in need of an update. Ducks Unlimited, for example, has noted that:

...the [Conservative] government announced that it commits to the responsible protection and conservation of Canada’s fisheries. Ducks Unlimited...supports this direction and understands that laws and regulations must be updated at interval to ensure that they address evolving social, economic and environmental systems, as well as support efficient process to achieve desired outcomes.

It went on to say:

DUC supports the federal government in updating the federal fisheries legislation and taking a targeted approach that would support the conservation and sustainable use of our fisheries resources. Also, the proposed changes will make it easier for the fisheries legislation and regulations to be enforced.

Let us take a look at what these changes can mean for Canadians. For anglers, the proposed changes would provide specific protection for recreational fisheries and support their ongoing productivity. For conservation groups, the proposed changes would enable the identification and protection of ecologically significant areas. Under the new rules, we would also be able to enter into agreements with these and other groups to undertake enhanced fisheries protection. This could include innovative approaches to protect habitat, support for aquatic invasive species outreach and development of standards for fish protection or other matters.

These proposed changes also include enhanced compliance and enforcement tools such as enforceable conditions, duty for proponents to notify in the event of serious harm to fisheries and penalties aligned with the Environmental Enforcement Act.

In conclusion, our recreational, commercial and aboriginal fisheries are important to Canadians. We want our rules that protect this resource to be sensible, clear and practical, and we want to ensure that they focus on the priorities of Canadians.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I really enjoyed the Conservative member's speech because it brought back some happy memories.

That being said, I disagree with him. I am an agronomist and I worked on agricultural watershed projects to improve water quality.

I know that farmers are concerned about water quality, not only in waterways but also in ditches. They are looking for ways to improve it. Changing the legislation is not going to help them in this regard because water flows everywhere. It leaves a ditch and travels to a stream, which flows into a river that leads to the ocean. Everything is connected and interconnected. We have to find solutions to protect fish habitats—solutions other than those proposed by the hon. member.

We have to think about conservation and about compensating farmers.

I would like to know whether the hon. member has anything to suggest that will help farmers while protecting ditches and waterways.