Bill C-45 (Historical)

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

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.

Jobs and Growth Act, 2012

[Ted Menzies, Conservative, Minister of State (Finance)]

Mr. Speaker, I will first clarify and answer the question from the member for Churchill. Farmers were actually consulted on this change. Farmers actually want this change. Farmers, when they deliver their grain, they no longer own it. Therefore, it does not make any sense for farmers to be paying for inward inspection. It is that simple. I would encourage her to speak to some farmers.

The hon. member just spoke very briefly about the importance of the Detroit river international crossing. I know it is close to his region. He probably has a better understanding than I do of how important it is. Could he explain a bit more about the importance of that crossing that we are working on in this budget implementation act?

[Dave MacKenzie, Conservative, Oxford, ON]

Mr. Speaker, we all think our ridings are unique. Oxford has a lot of agricultural products, a lot of which are exported to the United States. More important, we have two automotive plants, a Toyota plant and a GM Cami plant. They export 90% of their product to the United States. When those bridges are tied up, that bridge in particular, the costs are astronomical. It slows down production and hinders job opportunities for Canadians. This budget is about that. It is about job opportunities, employment for Canadians and fairness.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, I am pleased to have the opportunity to participate in the debate on Bill C-45.

I want to focus a little on the environmental impacts of various provisions, but I want to start with what concerns me to a great deal.

The bill is supposed to be all about creating jobs and generating prosperity. In fact, anybody who has been able to obtain some information from the government, which it is loath to releasing, any of the experts, the PBO for example, on the impact of the provisions of the budget bill that was brought down last spring has estimated we would be looking at nearly 100,000 jobs lost as a direct result of the implementation of this particular bill.

Not only that, the government would be making widespread wholesale changes to environmental protections that exist in various legislation, such as the Canadian Environmental Assessment Review Act, the Fisheries Act, the Navigable Waters Act. A number of pieces of legislation that provide oversight for projects, for development, for activity throughout the country, will be removed and that causes considerable concern.

Listening to members opposite talk about the bridge over the Detroit River or other projects, I hearken back to the Sydney tar ponds. I heard today in the news that the last contract has been awarded for the cleanup of the tar ponds in Sydney.

The tar ponds is a notable environmental spot that resulted from steel making over more than 100 years in Sydney, in Cape Breton. Government after government felt that it was sufficient to make steel to create jobs to do whatever we wanted to do with the environment, to get rid of waste, to spoil the earth, the air and the water. Rivers were completely ruined and covered up as a result of what the steel making process did.

Nearly $500 million of taxpayer money was taken, not the people who actually made off like bandits as a result of the opportunity to make steel in Cape Breton over those 100-and-some-odd years. It was the taxpayers who ended up paying as a result of the fact that government after government, both federally and provincially, failed to provide the oversight.

It feels to me like we are going back to the future. We are rolling back the clock in our country. The government has decided that it wants to export oil and bitumen and it will see those pipelines built, over as many water courses as needs to happen, as quickly as possible, without any oversight. That causes me and members on this side some considerable concern.

Not only does the government bring in this second omnibus bill, which we are going to be forced, with one set of votes, to vote on, rumour has it that it is going to break off some of the provisions in the bill and send them to committee, but we still are going be faced with one bill that we will be voting for or against at the end of the day.

As a result of public pressure, the government is going to allow for greater discussion. However, it is clear that the Conservatives have no intention of making any changes to the bill. That is why members on this side continue to move motions to try to get the government to split off some important aspects of the bill.

One issue that is particularly burdensome and troublesome with the bill is the change, in fact the removal of the Navigable Waters Protection Act. Canada has over 32,000 lakes and rivers, and under this proposed budget bill only 97 lakes and 62 rivers are identified as significant. Why is that important? I heard a member opposite a moment ago say that the changes made to this act were important for farmers so they could plow over ditches in their field. It has nothing to do with ditches. That was the first budget bill last spring when that was allowed to happen; it allowed developers and others to get bulldozers and plow over the ditches.

This has to do with lakes and rivers. It is going to leave thousands of waterways without protection. Conservatives are even walking away from the majority of Canada's 37 designated Canadian heritage rivers. That means that a couple of heritage rivers in Nova Scotia, one of them being the Margaree, which is part of Margaree-Lake Ainslie River system, where Atlantic salmon and trout flourish in incredibly pristine water, could potentially be allowed to have roads, bridges or other projects that interfere with this river and this watershed without the requirement for permits.

It is the same thing for the Shelburne River, which begins in the Tobeatic wilderness park. It is part of the Mersey River system. It is an important river system for the Mi'kmaw. It has been used for millennia, and now it is no longer under protection. The government does not seem to understand how important these rivers, lakes and the environment are to Canadians. Our job on this side is to make those points and to bring that information to the attention of Canadians. As I indicated earlier, we are going to do that by continuing to move motions to try to split off various portions of the bill, so not only do they get proper debate, but they get an opportunity to have a vote.

My time is nearly over. I want to move a motion. I would like to seek unanimous consent to move the following motion: That notwithstanding any standing order or usual practice of the House, clauses 173 to 178 related to changes to the fisheries 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 fisheries act and the jobs, growth and long-term prosperity act; 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 Fisheries and Oceans; 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 as indicated so we will have the opportunity, not only to discuss the changes being proposed, debate them and hear witnesses, but to have an opportunity to vote on these specific amendments. I, therefore, request said unanimous consent.

[The Acting Speaker, Conservative, Bruce Stanton]

Does the member for Dartmouth—Cole Harbour have the unanimous consent of the House to propose the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Conservative, Bruce Stanton]

Questions and comments, the hon. member for Saanich—Gulf Islands.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I thank my hon. friend for Dartmouth—Cole Harbour for drawing attention to the seemingly inexplicable choices of what rivers are now covered by the Navigable Waters Protection Act, to be renamed the navigation protection act, and what ones are abandoned. Clearly, something in the order of 98% to 99% of all internal waterways in Canada are now to see a full-on retreat from federal constitutional authority. The provinces cannot step up to fill the void because of constitutional law; only the federal government is responsible for navigation on waterways in this country. Yet, members of the Conservative Party who speak in the House tell us not to worry, Canadian common law will still apply to protect navigation. That means if people want to protect their rights to use the waterways, they have to go to court.

What does the hon. member think of that?

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, what the government is proposing to do with respect to these important watercourses and waterways, I find appalling. I have had the opportunity to talk to a number of organizations. I was in Alberta this past weekend where I had the opportunity to talk to an organization that is concerned about the watershed it is responsible for. In particular, the Bow River will be covered under this particular act but the Oldman River will not, and the two are completely interconnected. People are asking themselves what the rationale is behind this and, more importantly, what the damage is going to be as a result of this legislation and the removal of oversight and protection.

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, my colleague has highlighted a number of key issues to the BIA. My question is on employment, which he referenced as a major issue.

The Parliamentary Budget Officer has stated that this budget would cost 43,000 Canadians their jobs and that the budget actually plans for unemployment to rise. If we combine that with the previous rounds of cuts, the PBO projects a total of 102,000 jobs lost. I wonder if my colleague could comment on this.

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, provisions of this bill are particularly onerous for the reasons he cited, in terms of the direct jobs that are going to be lost.

The other part of the bill really puts it to workers. Whether we call them private sector or public sector workers, they are workers who are supporting families, communities and making a contribution to the economy of this country. The government, as a result of changes to the pension plan for public sector workers is in effect rolling back wages. Pensions are nothing but foregone wages. That is exactly what they are. They are freely negotiated, and there are trade-offs made during negotiations. Pensions are part of the compensation package. What the government is asking us to do is to unilaterally impose a rollback in the area of 25% to 30% on public sector workers in this country.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, the Conservatives say they held public consultations regarding this bill. If the Conservatives had consulted first nations, such as the Mi'kmaq people in my colleague's riding, does he think they would have agreed with the changes to the Navigable Waters Protection Act, for instance?

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, that is an absolutely perfect question because I have talked with the officials at the Atlantic Policy Congress of First Nations Chiefs, the traditional governing structure for the Mi'kmaq in the Atlantic provinces, and there has not been any consultation.

Likewise, I spoke to the Thames River watershed conservation society on Thursday of last week, which is responsible for 410 kilometres of watershed as a volunteer organization. It has not been consulted.

I spoke to Trout Unlimited Canada on Friday in Alberta. It had not been consulted about the changes to the act that directly affect its area of interest. In the case of the aboriginal community, the changes directly affect its treaty and aboriginal rights.

[Joy Smith, Conservative, Kildonan—St. Paul, MB]

Mr. Speaker, I want to thank my colleagues for the opportunity to be able to put some comments on the record. When we listen to all of the speeches, I understand that the role of opposition members is to criticize the government and to try very hard to get elected in the next election. However, a stronger role for all of us in the House is to pay very close attention to what will build and support our country.

Over 820,000 new jobs have been created since July 2009. Our country has the strongest job creation record in the G7. That is amazing. For the fifth straight year, the World Economic Forum rated our banking system the world's best. That is significant.

When we look to other countries, the reason they are facing horrendous economic downturns is because decisions were made that were neither in their best interests at the time nor in the future. As well, no planning went on in some of the countries and others were continually overspending.

If we look at Canada, we are living in a nation where people are living well, although there are significant challenges for all communities. Having said that, it is incredible that for the fifth straight year the World Economic Forum has rated our banking system as the world's best. Also, all major credit rating agencies, such as Moody's, Fitch and Standard & Poor's, have affirmed Canada's AAA credit rating in this worldwide economic downturn.

Yet I sit in the House and hear over and over again about the NDP's job-killing carbon tax. I know that page 12 of the NDP's platform clearly highlighted that it would put a price on carbon. Therefore, this whole interchange in Parliament has been about the criticism of this government's handling of the economy. The opposition is blind to the factual information that has come not from members opposite but from global leaders and entities across the world who are praising Canada as the world's economic leader.

The NDP carbon tax would raise the price of everything that Canadians buy. I want to repeat that. The NDP—

[The Acting Speaker, Conservative, Bruce Stanton]

Order. The hon. member for Timmins—James Bay is rising on a point of order.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I know that we have been going back and forth, but people who stand up and repeat misinformation and make things up are lowering the standard. If the member does not know the difference between what a—