Jobs and Growth Act, 2012

A second 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 implements certain income tax measures and related measures proposed in the March 29, 2012 budget. Most notably, it
(a) amends the rules relating to Registered Disability Savings Plans (RDSPs) by
(i) replacing the 10-year repayment rule applying to withdrawals with a proportional repayment rule,
(ii) allowing investment income earned in a Registered Education Savings Plan (RESP) to be transferred on a tax-free basis to the RESP beneficiary’s RDSP,
(iii) extending the period that RDSPs of beneficiaries who cease to qualify for the Disability Tax Credit may remain open in certain circumstances,
(iv) amending the rules relating to maximum and minimum withdrawals, and
(v) amending certain RDSP administrative rules;
(b) includes an employer’s contributions to a group sickness or accident insurance plan in an employee’s income in certain circumstances;
(c) amends the rules applicable to retirement compensation arrangements;
(d) amends the rules applicable to Employees Profit Sharing Plans;
(e) expands the eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of bioenergy equipment;
(f) phases out the Corporate Mineral Exploration and Development Tax Credit;
(g) phases out the Atlantic Investment Tax Credit for activities related to the oil and gas and mining sectors;
(h) provides that qualified property for the purposes of the Atlantic Investment Tax Credit will include certain electricity generation equipment and clean energy generation equipment used primarily in an eligible activity;
(i) amends the Scientific Research and Experimental Development (SR&ED) investment tax credit by
(i) reducing the general SR&ED investment tax credit rate from 20% to 15%,
(ii) reducing the prescribed proxy amount, which taxpayers use to claim SR&ED overhead expenditures, from 65% to 55% of the salaries and wages of employees who are engaged in SR&ED activities,
(iii) removing the profit element from arm’s length third-party contracts for the purpose of the calculation of SR&ED tax credits, and
(iv) removing capital from the base of eligible expenditures for the purpose of the calculation of SR&ED tax incentives;
(j) introduces rules to prevent the avoidance of corporate income tax through the use of partnerships to convert income gains into capital gains;
(k) clarifies that transfer pricing secondary adjustments are treated as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act;
(l) amends the thin capitalization rules by
(i) reducing the debt-to-equity ratio from 2:1 to 1.5:1,
(ii) extending the scope of the thin capitalization rules to debts of partnerships of which a Canadian-resident corporation is a member,
(iii) treating disallowed interest expense under the thin capitalization rules as dividends for the purposes of withholding tax imposed under Part XIII of the Income Tax Act, and
(iv) preventing double taxation in certain circumstances when a Canadian resident corporation borrows money from its controlled foreign affiliate;
(m) imposes, in certain circumstances, withholding tax under Part XIII of the Income Tax Act when a foreign-based multinational corporation transfers a foreign affiliate to its Canadian subsidiary, while preserving the ability of the Canadian subsidiary to undertake expansion of its Canadian business; and
(n) phases out the Overseas Employment Tax Credit.
Part 1 also implements other selected income tax measures. Most notably, it introduces tax rules to accommodate Pooled Registered Pension Plans and provides that income received from a retirement compensation arrangement is eligible for pension income splitting in certain circumstances.
Part 2 amends the Excise Tax Act and the Jobs and Economic Growth Act to implement rules applicable to the financial services sector in respect of the goods and services tax and harmonized sales tax (GST/HST). They include rules that allow certain financial institutions to obtain pre-approval from the Minister of National Revenue of methods used to determine their liability in respect of the provincial component of the HST, that require certain financial institutions to have fiscal years that are calendar years, that require group registration of financial institutions in certain cases and that provide for changes to a rebate of the provincial component of the HST to certain financial institutions that render services to clients that are outside the HST provinces. This Part also confirms the authority under which certain GST/HST regulations relating to financial institutions are made.
Part 3 amends the Federal-Provincial Fiscal Arrangements Act to provide the legislative authority to share with provinces and territories taxes in respect of specified investment flow-through (SIFT) entities — trusts or partnerships — under section 122.1 and Part IX.1 of the Income Tax Act, consistent with the federal government’s proposal on the introduction of those taxes. It also provides the legislative authority to share with provinces and territories the tax on excess EPSP amounts imposed under Part XI.4 of the Income Tax Act, consistent with the measures proposed in the March 29, 2012 budget. It also allows the Minister of Finance to request from the Minister of National Revenue information that is necessary for the administration of the sharing of taxes with the provinces and territories.
Part 4 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Jobs and Economic Growth Act as a result of amendments introduced in the Jobs, Growth and Long-term Prosperity Act to allow certain public sector investment pools to directly invest in a federally regulated financial institution.
Division 2 of Part 4 amends the Canada Shipping Act, 2001 to permit the incorporation by reference into regulations of all Canadian modifications to an international convention or industry standard that are also incorporated by reference into the regulations, by means of a mechanism similar to that used by many other maritime nations. It also provides for third parties acting on the Minister of Transport’s behalf to set fees for certain services that they provide in accordance with an agreement with that Minister.
Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things, provide for a limited, automatic stay in respect of certain eligible financial contracts when a bridge institution is established. It also amends the Payment Clearing and Settlement Act to facilitate central clearing of standardized over-the-counter derivatives.
Division 4 of Part 4 amends the Fisheries Act to amend the prohibition against obstructing the passage of fish and to provide that certain amounts are to be paid into the Environmental Damages Fund. It also amends the Jobs, Growth and Long-term Prosperity Act to amend the definition of Aboriginal fishery and another prohibition relating to the passage of fish. Finally, it provides transitional provisions relating to authorizations issued under the Fisheries Act before certain amendments to that Act come into force.
Division 5 of Part 4 enacts the Bridge To Strengthen Trade Act, which excludes the application of certain Acts to the construction of a bridge that spans the Detroit River and other works and to their initial operator. That Act also establishes ancillary measures. It also amends the International Bridges and Tunnels Act.
Division 6 of Part 4 amends Schedule I to the Bretton Woods and Related Agreements Act to reflect changes made to the Articles of Agreement of the International Monetary Fund as a result of the 2010 Quota and Governance Reforms. The amendments pertain to the rules and regulations of the Fund’s Executive Board and complete the updating of that Act to reflect those reforms.
Division 7 of Part 4 amends the Canada Pension Plan to implement the results of the 2010-12 triennial review, most notably, to clarify that contributions for certain benefits must be made during the contributory period, to clarify how certain deductions are to be determined for the purpose of calculating average monthly pensionable earnings, to determine the minimum qualifying period for certain late applicants for a disability pension and to enhance the authority of the Review Tribunal and the Pension Appeals Board. It also amends the Department of Human Resources and Skills Development Act to enhance the authority of the Social Security Tribunal.
Division 8 of Part 4 amends the Indian Act to modify the voting and approval procedures in relation to proposed land designations.
Division 9 of Part 4 amends the Judges Act to implement the Government of Canada’s response to the report of the fourth Judicial Compensation and Benefits Commission regarding salary and benefits for federally appointed judges. It also amends that Act to shorten the period in which the Government of Canada must respond to a report of the Commission.
Division 10 of Part 4 amends the Canada Labour Code to
(a) simplify the calculation of holiday pay;
(b) set out the timelines for making certain complaints under Part III of that Act and the circumstances in which an inspector may suspend or reject such complaints;
(c) set limits on the period that may be covered by payment orders; and
(d) provide for a review mechanism for payment orders and notices of unfounded complaint.
Division 11 of Part 4 amends the Merchant Seamen Compensation Act to transfer the powers and duties of the Merchant Seamen Compensation Board to the Minister of Labour and to repeal provisions that are related to the Board. It also makes consequential amendments to other Acts.
Division 12 of Part 4 amends the Customs Act to strengthen and streamline procedures related to arrivals in Canada, to clarify the obligations of owners or operators of international transport installations to maintain port of entry facilities and to allow the Minister of Public Safety and Emergency Preparedness to require prescribed information about any person who is or is expected to be on board a conveyance.
Division 13 of Part 4 amends the Hazardous Materials Information Review Act to transfer the powers and functions of the Hazardous Materials Information Review Commission to the Minister of Health and to repeal provisions of that Act that are related to the Commission. It also makes consequential amendments to other Acts.
Division 14 of Part 4 amends the Agreement on Internal Trade Implementation Act to reflect changes made to Chapter 17 of the Agreement on Internal Trade. It provides primarily for the enforceability of orders to pay tariff costs and monetary penalties made under Chapter 17. It also repeals subsection 28(3) of the Crown Liability and Proceedings Act.
Division 15 of Part 4 amends the Employment Insurance Act to provide a temporary measure to refund a portion of employer premiums for small businesses. An employer whose premiums were $10,000 or less in 2011 will be refunded the increase in 2012 premiums over those paid in 2011, to a maximum of $1,000.
Division 16 of Part 4 amends the Immigration and Refugee Protection Act to provide for an electronic travel authorization and to provide that the User Fees Act does not apply to a fee for the provision of services in relation to an application for an electronic travel authorization.
Division 17 of Part 4 amends the Canada Mortgage and Housing Corporation Act to remove the age limit for persons from outside the federal public administration being appointed or continuing as President or as a director of the Corporation.
Division 18 of Part 4 amends the Navigable Waters Protection Act to limit that Act’s application to works in certain navigable waters that are set out in its schedule. It also amends that Act so that it can be deemed to apply to certain works in other navigable waters, with the approval of the Minister of Transport. In particular, it amends that Act to provide for an assessment process for certain works and to provide that works that are assessed as likely to substantially interfere with navigation require the Minister’s approval. It also amends that Act to provide for administrative monetary penalties and additional offences. Finally, it makes consequential and related amendments to other Acts.
Division 19 of Part 4 amends the Canada Grain Act to
(a) combine terminal elevators and transfer elevators into a single class of elevators called terminal elevators;
(b) replace the requirement that the operator of a licensed terminal elevator receiving grain cause that grain to be officially weighed and officially inspected by a requirement that the operator either weigh and inspect that grain or cause that grain to be weighed and inspected by a third party;
(c) provide for recourse if an operator does not weigh or inspect the grain, or cause it to be weighed or inspected;
(d) repeal the grain appeal tribunals;
(e) repeal the requirement for weigh-overs; and
(f) provide the Canadian Grain Commission with the power to make regulations or orders with respect to weighing and inspecting grain and the security that is to be obtained and maintained by licensees.
It also amends An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to Repeal the Grain Futures Act as well as other Acts, and includes transitional provisions.
Division 20 of Part 4 amends the International Interests in Mobile Equipment (aircraft equipment) Act and other Acts to modify the manner in which certain international obligations are implemented.
Division 21 of Part 4 makes technical amendments to the Canadian Environmental Assessment Act, 2012 and amends one of its transitional provisions to make that Act applicable to designated projects, as defined in that Act, for which an environmental assessment would have been required under the former Act.
Division 22 of Part 4 provides for the temporary suspension of the Canada Employment Insurance Financing Board Act and the dissolution of the Canada Employment Insurance Financing Board. Consequently, it enacts an interim Employment Insurance premium rate-setting regime under the Employment Insurance Act and makes amendments to the Canada Employment Insurance Financing Board Act, the Department of Human Resources and Skills Development Act, the Jobs, Growth and Long-term Prosperity Act and Schedule III to the Financial Administration Act.
Division 23 of Part 4 amends the Canadian Forces Superannuation Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act and makes consequential amendments to other Acts.
The Canadian Forces Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
The Public Service Superannuation Act is amended to provide that contributors pay no more than 50% of the current service cost of the pension plan. In addition, the pensionable age is raised from 60 to 65 in relation to persons who become contributors on or after January 1, 2013.
The Royal Canadian Mounted Police Superannuation Act is amended to change the limitations that apply in respect of the contribution rates at which contributors are required to pay as a result of amendments to the Public Service Superannuation Act.
Division 24 of Part 4 amends the Canada Revenue Agency Act to make section 112 of the Public Service Labour Relations Act applicable to the Canada Revenue Agency. That section makes entering into a collective agreement subject to the Governor in Council’s approval. The Division also amends the Canada Revenue Agency Act to require that the Agency have its negotiating mandate approved by the President of the Treasury Board and to require that it consult the President of the Treasury Board before determining certain other terms and conditions of employment for its employees.

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

Dec. 5, 2012 Passed That the Bill be now read a third time and do pass.
Dec. 4, 2012 Passed That Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Schedule 1.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 515.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 464.
Dec. 4, 2012 Failed That Bill C-45, in Clause 437, be amended by deleting lines 25 to 34 on page 341.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 433.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 425.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 411.
Dec. 4, 2012 Failed That Bill C-45, in Clause 369, be amended by replacing lines 37 and 38 on page 313 with the following: “terminal elevator shall submit grain received into the elevator for an official weighing, in a manner authorized by the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 362, be amended by replacing line 16 on page 310 with the following: “provide a security, in the form of a bond, for the purpose of”
Dec. 4, 2012 Failed That Bill C-45, in Clause 358, be amended by replacing line 8 on page 309 with the following: “reinspection of the grain, to the grain appeal tribunal for the Division or the chief grain”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 351.
Dec. 4, 2012 Failed That Bill C-45, in Clause 317, be amended by adding after line 22 on page 277 the following: “(7) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following: (2) For the purposes of this Act, when considering if a decision is in the public interest, the Minister shall take into account, as primary consideration, whether it would protect the public right of navigation, including the exercise, safeguard and promotion of that right.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 316.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 315.
Dec. 4, 2012 Failed That Bill C-45, in Clause 313, be amended by deleting lines 15 to 24 on page 274.
Dec. 4, 2012 Failed That Bill C-45, in Clause 308, be amended by replacing line 29 on page 272 with the following: “national in respect of whom there is reason to believe that he or she poses a specific and credible security threat must, before entering Canada, apply”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 308.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 307.
Dec. 4, 2012 Failed That Bill C-45, in Clause 302, be amended by replacing lines 4 to 8 on page 271 with the following: “9. (1) Except in instances where a province is pursuing any of the legitimate objectives referred to in Article 404 of the Agreement, namely public security and safety, public order, protection of human, animal or plant life or health, protection of the environment, consumer protection, protection of the health, safety and well-being of workers, and affirmative action programs for disadvantaged groups, the Governor in Council may, by order, for the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, do any”
Dec. 4, 2012 Failed That Bill C-45, in Clause 279, be amended (a) by replacing line 3 on page 265 with the following: “47. (1) The Minister may, following public consultation, designate any” (b) by replacing lines 8 to 15 on page 265 with the following: “specified in this Act, exercise the powers and perform the”
Dec. 4, 2012 Failed That Bill C-45, in Clause 274, be amended by adding after line 38 on page 262 the following: “(3) The council shall, within four months after the end of each year, submit to the Minister a report on the activities of the council during that year. (4) The Minister shall cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives it. (5) The Minister shall send a copy of the report to the lieutenant governor of each province immediately after a copy of the report is last laid before either House. (6) For the purpose of this section, “sitting day” means a day on which either House of Parliament sits.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 269.
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “12.2 Within six months after the day on which regulations made under subsection 12.1(8) come into force, the impact of section 12.1 and those regulations on privacy rights must be assessed and reported to each House of Parliament.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following: “(9) For greater certainty, any prescribed information given to the Agency in relation to any persons on board or expected to be on board a conveyance shall be subject to the Privacy Act.”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 264.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 233.
Dec. 4, 2012 Failed That Bill C-45, in Clause 223, be amended by deleting lines 16 to 26 on page 239.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 219.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 206.
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 17 on page 208 the following: “(3) The exemption set out in subsection (1) applies if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of that construction, that the construction will not present a risk of net negative environmental impact.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 179, be amended by adding after line 7 on page 208 the following: “(3) The exemptions set out in subsection (1) apply if the person who proposes the construction of the bridge, parkway or any related work establishes, in relation to any work, undertaking or activity for the purpose of the construction of the bridge, parkway or any related work, that the work, undertaking or activity ( a) will not impede navigation; ( b) will not cause destruction of fish or harmful alteration, disruption or destruction of fish habitat within the meaning of the Fisheries Act; and ( c) will not jeopardize the survival or recovery of a species listed in the Species at Risk Act.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 179.
Dec. 4, 2012 Failed That Bill C-45, in Clause 175, be amended by replacing lines 23 to 27 on page 204 with the following: “or any of its members in accordance with any treaty or land claims agreement or, consistent with inherent Aboriginal right, harvested by an Aboriginal organization or any of its members for traditional uses, including for food, social or ceremonial purposes;”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 173.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 166.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 156.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 99.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 22 on page 38 to line 11 on page 39 with the following: “scribed offshore region, and that is acquired after March 28, 2012, 10%.”
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by deleting line 14 on page 38 to line 11 on page 39.
Dec. 4, 2012 Failed That Bill C-45, in Clause 27, be amended by replacing line 17 on page 35 with the following: “( a.1) 19% of the amount by which the”
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 3.
Dec. 4, 2012 Failed That Bill C-45, in Clause 62, be amended by replacing line 26 on page 134 with the following: “( b) 65% multiplied by the proportion that”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by replacing line 3 on page 15 with the following: “before 2020, or”
Dec. 4, 2012 Failed That Bill C-45, in Clause 9, be amended by deleting lines 12 and 13 on page 14.
Dec. 4, 2012 Failed That Bill C-45 be amended by deleting Clause 1.
Dec. 3, 2012 Passed That, in relation to Bill C-45, a second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than five further hours shall be allotted to the consideration at report stage and one sitting day shall be allotted to the third reading stage of the said Bill; and at the expiry of the time provided for the consideration at report stage and at fifteen minutes before the expiry of the time provided for government business on the day allotted to the consideration of 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.
Oct. 30, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 25, 2012 Passed That, in relation to Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, not more than four 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 fourth 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 and Growth Act, 2012Government Orders

October 25th, 2012 / 5:55 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

There are two minutes remaining today.

The member for Terrebonne—Blainville.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 5:55 p.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I am very disappointed to rise in this House today to condemn yet another omnibus bill, the government's second mammoth bill. That is certainly a good descriptor for another completely undemocratic bill.

Last time, we stood in support of democracy for 22 hours in this House because we wanted to denounce this completely undemocratic behaviour. It is not surprising that we lost in the end, but I told myself that at least it would be the worst bill that the Conservatives would get passed during their term. But no, there is another one. There are more environmental laws to destroy and dismantle; the government wants to go even further. There are still protections for our navigable waters, after all. It will continue to charge forward with legislation that has nothing to do with the budget.

I would like to respond to the allegations that we did not read the budget. Yes, we read it, except it was so vague that one sentence could have been destroying or amending one act or 20 different acts. All in one sentence.

These are not budgetary measures, so they should be individually debated by the appropriate committees, not presented in a big document that is over 400 pages long.

How is the public supposed to digest all of this information? I see that my time has expired, but I will come back to this tomorrow.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 6 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

It being 6 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from October 25 consideration of the motion that Bill C-45, A second 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.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 10:05 a.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I will share my time with the hon. member for Brossard—La Prairie. He will speak for 10 minutes after I finish the eight minutes I have remaining from yesterday.

I started yesterday's speech by pointing out that this bill is completely undemocratic. We are debating more than 400 pages under a time allocation motion, so we will not have a chance to discuss the bill thoroughly. It is all well and good to say that we will have the chance to study the bill in committee, except we will not be able to make amendments. When I came to the House, I thought that we were supposed to debate ideas to find compromises that reflect the values, ideas and wishes of the Canadian public. But that is not the case and I am very disappointed.

The bill is called the Jobs and Growth Act, 2012. This title is a bit misleading, since the bill does not propose any concrete measures to create the 1.4 million jobs needed in this country. As we know, the budget actually led to the loss of 43,000 jobs. It is not creating jobs; it is causing them to be lost.

The government tells us that the $500 million in cuts to research and development can help stimulate innovation, except that we have not yet been told how it will bridge that gap. We do not know the new criteria for research and development, and those would be very useful to know. It would stimulate our economy and motivate people to innovate.

This week I attended a conference that addressed the importance of innovation, particularly in the technology and computer industry. If the government does not invest and does not compensate for the $500 million shortfall in research and development, I do not understand how it will ensure economic growth.

The bill includes a $1,000 tax credit that will help create jobs in small- and medium-sized businesses. This is a measure that we support. We have always supported these types of measures. However, I would have liked to see a longer-term commitment, since $1,000 is great now, but if an employer is considering hiring workers in one or two years, he would probably like to know that this tax credit will still be available.

What is really crucial when it comes to economic growth is ensuring that we invest in our environment. We must create a green economy and invest in it. With all of the restrictions and the changes made to our environmental protection laws, I have a hard time imaging how my generation will see any economic growth in 20 years. The protection of natural resources and natural resources themselves are an incredible source of wealth for this country.

Instead of creating jobs, Bill C-45 completely destroys the Navigable Waters Protection Act. Thousands of waterways will no longer be protected. The changes are huge. The Standing Committee on Environment and Sustainable Development, which will examine this, will not even be able to propose amendments. It is truly shameful.

Furthermore, the bill removes the notion of “water protection” and replaces it with “navigation protection”. There is a huge difference between the two definitions. Once again, this will not be examined. The bill also reduces the number of environmental assessments indicated in the Environmental Protection Act.

However, the bill does have one good measure for the environment, but the amount allocated is very small. The bill includes a tax credit for certain kinds of green energy equipment and products. It is a good measure and I congratulate the government on this, but $3 million to $5 million is peanuts; it is not enough. This does not demonstrate any real desire on the government's part to invest in the green economy, which would help create jobs. Everyone knows this; studies have proven it. I think this is really a missed opportunity.

The bill also eliminates the Hazardous Materials Information Review Commission and puts more powers in the hands of ministers. We saw the same thing with Bill C-38, which unfortunately also passed and was just as undemocratic as this one. That bill also eliminated several commissions and gave more powers to ministers.

What is the point of conducting studies and hearing from informed and educated people who are experts in their field, if the government does not want to listen to them? They betray their ignorance by saying that, because they are ministers, they know everything and there is no need for experts or their advice. Our country is vast and the population is growing. We have to take into consideration what the majority of people want, and this advice could help us do that.

The plight of our young workers is of particular concern to me because, before I was elected, I was a labour relations officer with a union that represents young workers. Last year, in a discussion group, I spoke to young workers who said that they were very worried about the fact that a two-tiered pension system is being proposed.

Young workers are going to enter the workforce, and their pension benefits will be less than those of people who entered the workforce before them. That creates two categories of employees: those who were there first and young workers. Young workers begin their careers saddled with huge debt they have accumulated to finance their post-secondary studies. They have a hard time finding work, because the youth unemployment rate is very high. Furthermore, once they enter the workforce, the public service pension plan will change. They will be told that they are entering too late unfortunately. This will create two classes of workers, which is not good for our young people.

And this is all happening without any real debate. I support some of the measures in the bill, but because everything is lumped together, I cannot support this completely undemocratic bill.

Every time that the government asks why I ask a question when I will be voting against a measure, I will answer that I am proud to oppose it because the NDP will always oppose undemocratic measures. We will always be proud to support transparency and accountability. We will always defend environmental protection, retirement security and health care.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 10:10 a.m.
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Conservative

Dick Harris Conservative Cariboo—Prince George, BC

Mr. Speaker, I listened with much humour to the member's statement about the government being ignorant and the minister not understanding certain things that those members have to say about the bill. It is absolutely astounding that the member of that party can stand up and complain about not having enough time to study the bill when budget information has been out for several months now.

Since I have been in this House, and this is my 20th year in the House, the NDP has never voted in favour of a government bill. Those members have always given fair warning that they would be voting against government budget bills even before they were read in the House. I do not know how she can stand and say that NDP members do not have enough time when they have already said that they will be voting against the bill before it was even presented.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 10:10 a.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, I think the member opposite knows we have voted for budgets in the past in minority situations. In his wisdom, he should know that.

Regarding the lack of time for the budget, yes, we received the lovely budget document and indeed we read it, except that the budget tabled in March contained so little detail. We might see a sentence saying they were making changes to environmental protection and expediting the project assessment process, but it is just one sentence.

Now, we have been landed with a document over 400 pages long. It is easy to understand that one sentence does not give us a lot of information.

The information is coming, certainly, with this bill, but it is in a 400-page brick. I think it is truly shameful to think this is acceptable.

Jobs and Growth Act, 2012Government Orders

October 26th, 2012 / 10:15 a.m.
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NDP

Claude Gravelle NDP Nickel Belt, ON

Mr. Speaker, the member for Cariboo—Prince George said just now that the bill has been out for months. And also, the member has been here for 20 years. I do not know what he has done in those 20 years, but he does not realize that the bill came out last week. That is not months, that is a few days.

Again, we are discussing the time allocated for the bill. The Conservatives like to get up and say how good and fine the bill is and that we should support it. If the bill is so good and so fine, and if we should pass it, why do the Conservatives not want to talk about it and why are they trying to cut off debate?

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October 26th, 2012 / 10:15 a.m.
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NDP

Charmaine Borg NDP Terrebonne—Blainville, QC

Mr. Speaker, the hon. member for Nickel Belt raises an excellent point. In fact, this omnibus bill probably has more pages than any other in 20 years. The member opposite who just asked me a question should understand that bills like this are unacceptable.

If the Conservatives are so proud of this budget and this omnibus bill, which is over 400 pages long, why can we not have some real debate? Why can we not make amendments that might improve this bill? Why not let the people of Canada and Quebec examine this legislation properly and listen to the advice of experts and academics from all across Canada? Because all they want is quick passage of these bills. There is too much to digest, even for the media. They have to pick the most important measure to discuss in the media. There is really too much to digest.

If they were so proud of their legislation, they would want to discuss it at length.

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October 26th, 2012 / 10:15 a.m.
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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, it gives me great pleasure to rise today to speak about what is called Bill C-45 and about the fact that the government opposite has decided once again impose closure. How many times does this make? I think it is 33. In the early days, we were up in arms. It was unbelievable that closure would be imposed in the House of Commons. Democratic procedures are not the government's forte.

In terms of the budget, in March 2012, the economic action plan was released. We know it was; we saw it on television. There was a lot of publicity about it, and the Conservatives even spent more than they had set aside for it. I would like to congratulate them on putting money into something that was passed in March 2012 and exceeding their own budget, when this money could have been used to help those in need.

Families in my riding of Brossard—La Prairie now have to go to food banks to ask for food, even though they are employed.

With regard to the process, the budget was tabled in March 2012, and then we had to study that brick of a document. The Standing Committee on Finance had to study the repercussions of the first budget implementation act. It was also an omnibus bill that affected many pieces of legislation. The Conservatives were nice and they let a finance subcommittee study a little bit of the bill.

All this just to say that this process is quite impenetrable and there is a flagrant lack of transparency. The Parliamentary Budget Officer is even threatening to take the government to court because it is not giving him all the information about the financial implications of its own initiatives.

Last week, Bill C-45 came along. This bill has some 400 pages. It contains amendments to some 40 pieces of legislation. The government has learned something at least. It knows these bills do not go down well with Canadians or with the opposition. It has agreed to split them to some extent in committee, but only for the purposes of study. Then the bill will be sent back to the Standing Committee on Finance, of which I am a member. We are going to have to study it, because the government has not even agreed that amendments may be made in committee.

The government has learned that omnibus bills are unacceptable. It agreed to separate it into 10 parts. This shows that the bill covers incredibly wide-ranging elements. Furthermore, not all these elements are necessarily related to the budget. We also know that the members on the other side complained about omnibus bills when they were in opposition. Now they have become experts in omnibus bills.

Also, I would like to put how the economy is doing into context. I know that my colleagues across the way know we are in a fragile economy. The IMF, OECD, and last week even the Conference Board of Canada said that a restorative budget would not help in terms of difficult times. Right now we are having difficult times and the government is not listening to what economists are saying.

Since the Conservatives took power, the gap between the rich and the poor has increased. Right now it is increasing more rapidly in Canada than the U.S. That is a problem. The Conservative government is not taking that issue seriously.

As well, household debt is at a record high since the government has taken power. That is a problem. What has the government done? Nothing. One of the reasons we have arrived here is because of the government's inaction. One of the problems we have is that the government is not listening to what Canadians are saying or looking at how they are living now. That is another huge problem.

My colleague from Terrebonne—Blainville also mentioned that the unemployment rate among young people is double the normal rate. This is a problem. What is the government doing? Nothing, once again.

To address all the problems, we want the government to invest in the future, to support green energy and the green economy.

The Conservatives have invested about $3 million in tax credits for the green economy. It is a start but it is not really very much considering the size of the budget.

With regard to the corporate tax cuts, the Governor of the Bank of Canada noted that one of the problems was that there is $500 billion in dead money sitting around.

Even the Minister of Finance has realized that money is not being reinvested in the economy. What was his solution? It was to tell the companies to reinvest that money. However, just telling them that does not work. We need to take action. We have seen that the actions taken by the government do not work.

I do not want to use unparliamentary language but, when the Minister of Finance rose to speak on Bill C-45, he was very disrespectful when he said that we did not do our job last summer and that we were supposed to have read his budget. We read his budget a long time ago. When it came out in March, we took notes. He said that everything that was in Bill C-45 was in the budget.

We had a briefing session with senior officials last Monday from 7 p.m. until 1 a.m. just to review Bill C-45 in its entirety. I asked those senior officials and the Parliamentary Secretary to the Minister of Finance where in the budget the changes to the Navigable Waters Protection Act in Bill C-45 were mentioned. According to the government and even according to the Department of Transport, the purpose of that act is to protect the environment.

She referred me to page 282. Here is an excerpt from this page where the transportation portfolio is mentioned. I asked for the exact reference because, of course, there is no reference to the environment or to navigable waters protection. She mentioned one line: “Transport Canada, 2012-13, $37 million.” According to the Minister of Finance, we should have understood that this was a direct reference to the protection of navigable waters, of all of Canada's lakes and rivers. He seemed to be saying that environmental protection is covered in one tiny little line that mentions $37 million. By the way, $37 million is the amount cut from the budget for transport. Go figure.

The Minister of Finance said we had not done our homework. It is very difficult to do our homework when the minister himself hides what is happening. The other side is improvising. This is why we are faced with a bill which now includes things that were not originally in the budget, things that we need to ask questions about. The Parliamentary Budget Officer and the Auditor General both agree: the government lacks transparency. It is the least transparent government in the history of our country. This is no surprise, since the government was overturned for the way it was treating Parliament.

It is disappointing to see the government's attacks on democracy in an effort to ignore it completely. It is keeping parliamentarians in the dark. We ask questions, but they remain unanswered. Even the other side does not know the answers.

The Conservatives are improvising. We asked senior officials questions to figure out what the cost would be. They replied they had not done any reviews and would just wait and see. The other side must realize how disturbing this is. At a time when our economy remains fragile, we need a clear vision, and such a vision is obviously missing from the other side. The government did not learn anything from public reaction to its last omnibus bill.

In my riding of Brossard—La Prairie, I had the chance to hear from people representing many organizations including Le Partage, the Mouvement Action-chômage, the Congress of Union Retirees of Canada and Humane Society International. They told Canadians what was in the last budget implementation bill and how it would impact them. We hope that this time, the government will pay attention to what the opposition has to say.

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October 26th, 2012 / 10:25 a.m.
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NDP

Sana Hassainia NDP Verchères—Les Patriotes, QC

Mr. Speaker, I thank my colleague for Brossard—La Prairie for his excellent speech and his excellent analysis.

In a true democracy, legislators take the time to study the bills they introduce, to discuss them and, most importantly, to listen to expert testimony. Once again, the time we have to study Bill C-45 has been cut short by the Conservatives. I would like to know what my colleague from Brossard—La Prairie thinks of the message the government is sending Canadians by invoking closure for the thirtieth time, at least, to prevent us from having a real debate.

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October 26th, 2012 / 10:25 a.m.
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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I thank my colleague from Verchères—Les Patriotes for her question. She said we are experiencing problems in terms of democracy.

We want to do our job. The government, however, intentionally keeps information from us. As parliamentarians, we have a very hard time obtaining information. How can we make decisions when we do not know what consequences they might have? How can we vote on a bill when we have no idea if its effect will be negative or positive?

I think it is understood that we want this information and that we are trying to do our job. It is the government that is keeping information from us. We have asked senior officials and government members questions, but they do not even have the information. We are now calling for consultations and discussions to better understand the scope of this budget. I have to admit there are some good things in the bill, such as the provisions concerning transfer pricing.

Fine, it is one start.

What is missing is debate and discussion. For example, when parts of the budget amended the Indian Act, first nations were not consulted. The government came up with the changes and put them in place without talking to the people involved. This is why we need to do it now.

Unfortunately, the government is not listening to us, once again.

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October 26th, 2012 / 10:25 a.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, I would like to remind the hon. member that the budget was first introduced on March 29 of this year, roughly six months ago. We are already halfway through the year. There was plenty of time to read the budget. I have heard repeatedly from the member and others in the opposition, particularly the NDP party, about the length of the bill. There are many high school and university students across this country who have textbooks that are longer than this bill. Members in the House have had more than six months to study the bill.

My question is this. There is time allotted for each member to speak about the budget, and the opposition is continually referring to the fact that there is not enough time for debate. Let me remind the member that the leader of his party, just two day ago, spent 45 minutes in the House talking about the budget. In addition, and I will close with this, the hon. member for Burnaby—New Westminster spoke for 13 hours on this budget. Who are they kidding? Canadians from across the country have had enough of this nonsense. We need to get the work done.

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October 26th, 2012 / 10:30 a.m.
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NDP

Hoang Mai NDP Brossard—La Prairie, QC

Mr. Speaker, I do not think my colleague was listening to my debate. If he heard what I was saying, budget 2012, which we saw ads on TV for and we paid a lot for, was submitted in March 2012. There is a line for Transport Canada that says there will be $37 million, and from that we are supposed to understand that the Navigable Waters Protection Act will be amended and will have an effect on all the lakes and rivers in Canada. What are we supposed to learn from that?

Now we see the government improvising on that front, by changing websites and taking “environment” out of it. The idea was to protect the environment. It is clear the government has not done its homework, and that is only one example. There are tons of examples of things that were not in the budget or that were made reference to with no explanation. It was only last week that we got Bill C-45. I know how to read a lot of legislation, but this is overdoing it.

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October 26th, 2012 / 10:30 a.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Before we resume debate, I want to inform all hon. members that we have passed the five hours of debate and, as such, all speeches from this point on will be 10 minutes.

Resuming debate, the hon. member for Lanark—Frontenac—Lennox and Addington.