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 29th, 2012 / 4:50 p.m.
See context

Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, I thank the member for Palliser for his great intervention on Bill C-45, which follows through on the Jobs, Growth and Long-term Prosperity Act.

Having been an educator, one of the things we need to do is continually focus on providing resources for post-secondary education in terms of skilled workers. In this new world, it seems most countries are in financial despair and yet Canada is strong and healthy. What we are doing in our budget for post-secondary education to help us maintain that through our skilled workers is of significance.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:50 p.m.
See context

Conservative

Ray Boughen Conservative Palliser, SK

Mr. Speaker, the issue my hon. colleague raises is very important as we have to fund our health and our educational programs.

I would refer the House to page 53 of Bill C-45. Members can see that there is $105 million over two years to support forestry innovation, $995 million over three years to support the Canadian innovation commercialization program, and it goes on and on.

I do not hear people mentioning these dollars, which we put together in the budget. It seems to have gotten by a lot of folks. I would also refer members to page 136 on expanded opportunities for aboriginal folks and to page 135 on improving insurance programs and information on jobs.

It's an easy read. If members have trouble, I taught reading in an elementary school for awhile and I could help them out.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:55 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Order. I believe the hon. member for Vancouver East is rising on a point of order.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:55 p.m.
See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I know the member for Etobicoke North is the next to speak, so I hope she will bear with me for a moment.

I would like to seek unanimous consent to move the following motion: That, notwithstanding any order or usual practice of the House, clauses 269 to 298, related to changes to the Hazardous Materials Information Review Act be removed from Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures, and do compose Bill C-47; that, Bill C-47 be entitled “an act to amend the Hazardous Materials Information Review Act”; and that, Bill C-47 be deemed read a first time and be printed; that, the order for second reading of the said bill provide for the referral to the Standing Committee on Health; that, Bill C-45 retain the status on the order paper that it had prior to the adoption of this order; that, Bill C-45 be reprinted as amended; and that, the law clerk and parliamentary counsel be authorized to make any technical changes or corrections as may be necessary to give effect to this motion.

I am proposing this motion so that the Standing Committee on Health can properly study Bill C-45 as it relates to hazardous materials and make amendments. Mr. Speaker, we want to do our job in our committee and I ask that you seek unanimous consent.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:55 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Does the hon. member for Vancouver East have unanimous consent to move the motion?

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:55 p.m.
See context

Some hon. members

Yes.

No.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:55 p.m.
See context

Conservative

The Acting Speaker Conservative Barry Devolin

Resuming debate, the hon. member for Etobicoke North.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 4:55 p.m.
See context

Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, I am honoured to rise today to represent and serve the good people of Etobicoke North, where I was born and raised, and to fight the shameful cuts to the environment to be found in Bill C-45.

The government's record on the environment is atrocious, as recognized by its bottom of the barrel environmental performances. The 2008 climate change performance index ranked Canada 56th of 57 countries in terms of tackling emissions. In 2009 the Conference Board of Canada ranked Canada 15th of 17 wealthy industrialized nations on environmental performance. In 2010 Simon Fraser University and the David Suzuki Foundation ranked Canada 24th of 25 OECD nations on environmental performance.

The government learned nothing from last spring's hue and cry against the omnibus budget implementation bill, Bill C-38: concerned Canadians, demonstrations across the country, the 500 organizations that joined the Blackout Speak Out campaign to stand up for democracy and the environment, 3,200 pages of correspondence and extensive international criticism.

The voices of Canadians concerned about democracy, the environment and the health of our children and grandchildren has once again fallen on deaf ears.

This past week the government tabled the anti-democratic and draconian Bill C-45, its second omnibus budget implementation bill. The bill would alter the Indian Act and reduce protections contained in the Fisheries Act and the Navigable Waters Protection Act, foundational Canadian laws to steward a sustainable environment, clean water and health oceans. It would also weaken the Canada Labour Code in ways that were not even hinted at in the budget. In total, the bill takes aim at some 60 pieces of legislation.

Bill C-45 hides big changes to environmental laws, subverts democracy and weakens protection of water and ecosystems. West Coast Environmental Law describes the lowlights of Bill C-45 as follows.

The Navigable Waters Protection Act of 1882, considered Canada's first environmental law, has been changed to the Navigation Protection Act and dramatically limits the number of waterways protected. Of the roughly 32,000 lakes in Canada, just 97 lakes and 62 rivers will now be protected.

This means the construction of bridges, dams and other projects would be permitted on most waterways without prior approval under the act. It is important to note that the original budget says nothing about restricting federal controls over lakes and rivers. Astoundingly, however, pipelines are directly exempted from this law. Under the act, pipeline impacts on Canada's waterways will no longer be considered in environmental assessments.

According to Ecojustice's executive director Devon Page:

Simply put, lakes, rivers and streams often stand in the path of large industrial development, particularly pipelines. This bill, combined with last spring’s changes, hands oil, gas and other natural resource extraction industries a free pass to degrade Canada’s rich natural legacy....

It is important to remember that when the government came to power it inherited a legacy of balanced budgets but soon plunged the country into deficit before the recession ever hit. It is absolutely negligent and shameful that the government would now gut environmental safeguards in order to fast-track development and balance its books.

Other lowlights of Bill C-45 include giving industry the option to request that its existing commitments to protect fish habitat be amended or cancelled, or that it be let off the hook for promised compensation for lost or damaged habitat. It would also eliminate the Hazardous Materials Information Review Commission, an independent body charged with making science-based decisions to protect Canadians from toxic chemicals and hazardous materials in the workplace.

Bill C-45 needlessly tinkers with the Fisheries Act and the Canadian Environmental Assessment Act, 2012 to correct obvious drafting mistakes made during the ramming through of Bill C-38. Changing the same bill twice in one year underlines the value of debating specific bills through appropriate committees.

Jessica Clogg, the executive director and senior counsel for West Coast Environmental Law, stated:

So much for the federal government’s promise that the bill would focus on budget implementation and contain no surprises.

The Bill C-45 ‘budget bill’ is a wolf in sheep’s clothing that will have major implications for the environment and human health.

John Bennett, executive director, Sierra Club Canada, said:

Today’s killing of the Navigable Waters Act, along with further gutting of what’s left of the Canadian Environmental Assessment Act and Fisheries Act, will inhibit the ability of Canadians to protect their natural environment for their children, grandchildren and future generations.

He went on to state:

This assault on the environment is deeply offensive and undemocratic. I don’t remember the Prime Minster campaigning in the last election on a platform of laying waste to the Canadian landscape.

Many of Canada's leading environmental organizations, including the Canadian Parks and Wilderness Society, the David Suzuki Foundation, Ecojustice, Environmental Defence, Équiterre, Greenpeace, Nature Canada, Pembina Institute, Sierra Club Canada, West Coast Environmental Law and WWF Canada, issued a joint statement decrying the fact that, once again, the federal government is proposing to make significant changes to environmental legislation without proper democratic debate.

The government has repeatedly abused Parliament by ramming through outrageous omnibus bills. For example, two years ago the government introduced the 880-page omnibus bill, a grab bag of bills that the government wanted to pass quickly. In fact, it was half of the entire workload of Parliament from the previous year. As a result, the government was severely condemned for turning the legislative process into a farce.

Most recently the government introduced Bill C-38, the 400-plus page omnibus budget implementation bill. Through the bill, the government sprung sweeping changes on our country, affecting everything from employment insurance, environmental protection, immigration and old age security, to even the oversight that charities receive. None of these changes were in the Conservative platform. They were rushed into law by “an arrogant majority government that's in a hurry to impose its agenda on the country”.

According to one newspaper, omnibus bills are “political sleight-of-hand and message control, and it appears to be an accelerating trend. These shabby tactics keep Parliament in the dark, swamp MPs with so much legislation that they can’t absorb it all, and hobble scrutiny. This is not good, accountable, transparent government.”

The government's actions reek of hypocrisy. In 1994, the right hon. member for Calgary Southwest and today's Prime Minister criticized omnibus legislation, suggesting that the subject matter of such bills is so diverse that a single vote on the content would put members in conflict with their own principles, and that dividing the bill into several components would allow members to represent the views of their constituents on each part of the bill. The right hon. member is now using the very tactics he once denounced. It is a shame that he changed his tune when he was elected to the highest office in the land.

Canadians should be deeply concerned by yet another of the government's end runs around the democratic process and the potential for even more destruction of critical habitat and greater pollution. The government did not campaign in the last election on gutting environmental protection. Canadians should therefore rise up, have their voices heard, and stop the Prime Minister's destruction of laws that protect the environment and the health and safety of Canadians, our communities, economy and livelihoods. Canadians are entitled to expect much more than they are witnessing today in the protection of our environment and democratic values, which our beautiful country was built on.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:05 p.m.
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NDP

Fin Donnelly NDP New Westminster—Coquitlam, BC

Mr. Speaker, my colleague mentioned gutting the Fisheries Act, changes to the Navigable Waters Protection Act and numerous other environmental protection measures that were significantly impacted, both in Bill C-38, and again in this budget implementation act. She also speculates that the government wants to fast track its major industrial agenda, such as, the Enbridge pipeline project in British Columbia.

Could my hon. colleague comment on that?

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:05 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, we had a former Conservative minister responsible for the current Fisheries Act, who came to talk about the last budget implementation bill when it was put through the finance committee. He stated:

This is a covert attempt to gut the Fisheries Act, and it's appalling that they should be attempting to do this under the radar.

He also said:

They are totally watering down and emasculating the Fisheries Act...they are making a Swiss cheese out of [it].

At the finance committee, he reported:

The bottom line...is to take your time and do it right. To bundle all of this into a budget bill, with all its other facets, is not becoming of a Conservative government, period.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:05 p.m.
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Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, I met with a group of manufacturers, and they gave me a booklet, Our Future, talking about an action plan for Canada, driving investment, creating jobs, growing exports. They have a record of generating a lot of money toward our economy: $166 billion in GDP, $280 billion in exports.

Throughout the booklet they demonstrate that manufacturing matters, and they talk a lot about productivity. They talk a lot about investment, but they also talk a lot about streamlining regulations.

In one area they were talking about a recent study on macroeconomic impacts of federal regulation. The manufacturing sector concluded that 2,183 unique regulations have been imposed upon the manufacturing sector, with regulation-imposed costs across the entire sector. They say that the output could be reduced by $200 billion to $500 billion.

I want to know if the member has met with the manufacturers, the CMC, to talk to them about streamlining regulations. The CMC believes that science-based research is important, but it is important to streamline regulations.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:05 p.m.
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Liberal

Kirsty Duncan Liberal Etobicoke North, ON

Mr. Speaker, there were a number of questions in there. I did hear at the end about science-based policy. This is a government that has a war on science, a war on the environment.

The government has cut the Polar Environment Atmospheric Research Laboratory in the far north, which looks at ozone, at climate change. This year we have had the greatest melting, ever, of sea ice in the high Arctic. Last year, an ozone hole was discovered that was two million square kilometres.

Why would the government cut a research station at a time when major environmental changes are taking place?

We also are seeing the potential loss of the Experimental Lakes Area, 58 lakes which are unique in the world, doing ecosystem-based research. We are also seeing the potential cut of the Kluane Lake Research Station. These research stations could be kept open for about $1.5 million to $2 million.

There is a war on science. There is a war on the environment. The government should be striking a balance between the economy and the environment; they are two sides of the same coin.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:10 p.m.
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Conservative

Parm Gill Conservative Brampton—Springdale, ON

Mr. Speaker, it is my pleasure to address the House today and to speak on Bill C-45, the jobs and growth act, 2012.

This important bill continues the path laid out by our government in the spring to support job creation, economic growth and prosperity for all Canadians in the short and long term.

It would be easy for us to become complacent with the relative stability and success of the Canadian economy in comparison to many of our global partners. We could continue to brag about Canada being a world leader in job growth, financial stability and a strong presence in the world. However, in doing so, we would be doing ourselves no favours.

The global economy remains fragile, especially in Europe and the United States, our largest trading partners. Canada is not immune to such global economic challenges coming from outside of our border, and careful steps must be taken to ensure our economic recovery does not stall or begin to falter.

The steps being taken in Bill C-45 will ensure that Canada remains on the right track. In my home riding of Brampton—Springdale, and in the city of Brampton as a whole, over 80% of businesses are designated as small or medium, with fewer than 50 employees.

Under this bill, the highly successful hiring credit for small businesses would be extended for one year. The hiring credit of up to $1,000 against the increase in EI premiums paid by employers helps small businesses hire the workers they need to expand and grow their operations. More importantly, it helps small businesses create jobs for those living in their community.

I have had the opportunity to meet with a number of entrepreneurs operating small businesses in my riding who have benefited first-hand from the hiring credit for small businesses. They are among the 536,000 employers nationwide who are eligible for this credit. Each of the entrepreneurs I have met has spoken highly of the credit, which has eased some of the additional costs of bringing new staff onboard.

The positive effect of the new jobs, created in part by the credit, goes beyond just helping employers expand and grow their businesses. Each job created represents an individual receiving a new employment opportunity, one more person who is given a chance to return to the workforce. When unemployment is low and Canadians have access to well-paying jobs to support their families, the entire country benefits.

This bill also trims much of the unnecessary red tape faced by small business employers, allowing them to focus on managing and growing their businesses. It simplifies the calculation for statutory holiday pay, eliminating the multitude of different formulas used to achieve the same end.

This budget reduces the tax compliance burden for small businesses and makes a number of significant administrative improvements at the Canada Revenue Agency.

This bill will also implement our government's plan to facilitate and improve interprovincial and cross-border trade. The implementation of the agreement on internal trade will build a stronger economic union between the provinces and eliminate barriers to internal trade and labour mobility by incorporating enforceable penalties against governments for failures to comply.

The 2006 census reported that manufacturing, transportation and warehousing, and retail trade were the three largest industries in Brampton. Many of the firms in those industries are heavily involved in the cross-border transport of material and goods, with much of that trade coming across the U.S. border in Windsor.

The Windsor-Detroit corridor is Canada's most important trade artery and the busiest Canada-U.S. commercial border crossing, handling almost 30% of the Canada-U.S. surface trade. An efficient and secure trade corridor is essential to the economies of the U.S. and Canada.

The Detroit River international crossing would facilitate the movement of people and goods between Canada and the U.S., by ensuring that there is sufficient border-crossing capacity to handle the projected goals in cross-border trade and traffic in the Windsor-Detroit trade corridor.

It would also provide a much-needed crossing alternative at the busiest Canada-U.S. commercial border crossing and create thousands of jobs and opportunities on both sides of the border. This bill would allow for the project to be fast-tracked. It would clarify a number of governance issues and ensure continued efficiency, security, safety and mobility at the Detroit-Windsor border crossing, while ensuring that appropriate environmental mitigation measures are met and in full compliance with federal law.

To continue to help families, we are improving the registered disability savings plan. Parents who have saved money in an RESP for a child with a disability would be able to transfer investment income earned in an RESP to a registered disability savings plan on a tax-deferred rollover basis, if the plan shares a common beneficiary and if the beneficiary can reasonably be expected to be prevented from pursuing post-secondary education due to his or her disability.

The bill would also implement plans to help Canadians save for retirement by laying out the tax framework behind the pooled registered pension plan implemented this spring. These plans would provide accessible large-scale and low-cost pension options to employers, employees and the self-employed. Our government is also improving the administration of the Canada pension plan, clarifying guidelines on contribution for certain benefits, determining minimum qualifying periods for delayed applicants for a disability pension and clarifying recognition of divorces granted outside of Canada for the purposes of credit splitting.

Bill C-45 would also close a number of tax loopholes, phasing out subsidies and tax credits for oil, gas and mineral exploration. However, it would expand tax relief for investment in clean energy generation equipment, encouraging investment in more efficient means of energy.

When we stood in this place in the spring, our government had helped the Canadian economy create more than 700,000 net new jobs since July 2009. With the job numbers reported by Stats Canada at the beginning of this month, that number now stands at more than 820,000 net new jobs since July 2009, most of which are full-time positions in the private sector.

Budget 2012 would keep us on the right track to return to balanced budgets in the medium term, keep taxes for individuals and small business low, and create jobs and economic prosperity in the long term.

Bill C-45 is the next step in the process of Canada's economic recovery and plan for future growth. I encourage all members in the House to support the bill.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:20 p.m.
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NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I would like to ask the member his view on the two-tier pension system that the bill before us would create, as well as the fact that younger workers entering the public service would simply not have the same kind of pension as their parents, and the way in which that truly disadvantages a whole generation of Canadians.

Jobs and Growth Act, 2012Government Orders

October 29th, 2012 / 5:20 p.m.
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Conservative

Parm Gill Conservative Brampton—Springdale, ON

Mr. Speaker, I would like to remind all members on the other side of the House that this budget was put together having consultations with thousands and thousands of Canadians, small businesses, other organizations and stakeholders. It actually gives an opportunity to individuals who are self-employed, who did not previously have a pension plan that they could use when they were able to retire at a later age.

As a matter of fact, when I talk to my constituents and other Canadians when I am travelling, one of the things I hear is that Canadians in general applaud the efforts the government has taken in addressing issues that needed to be addressed.