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 30th, 2012 / 10:50 a.m.
See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, it is good to see that the NDP is trying to read budgets today, as opposed to the year 2000 when it just voted against them. However, in talking about omnibus bills, I will try to address some of the questions the member had.

The omnibus bills we used to table were not even 100 pages long. They addressed issues that were in the budget. However, in this case, in my speech I gave at least four or five examples of items that are in the omnibus bill but not in the budget. Therefore, I do not see how the situations are comparable.

In terms of unemployment, I do not see why we are faulted. We had great economic growth and made great decisions in terms of moving the economy ahead. The unemployment insurance premiums were being held in a separate fund but they were used for the debt. It is not as if the money was spent on items for political purposes, as the Conservative Party does.

The money was still there and still accounted for. We just did a good job with the economy and did not have to pay out a lot of the EI premiums that were collected, because people were actually working instead of being on unemployment insurance. I do not see what the problem is.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 10:50 a.m.
See context

Conservative

James Rajotte Conservative Edmonton—Leduc, AB

Mr. Speaker, I want to thank my colleague for his speech and I certainly enjoyed serving on the finance committee with him in the past.

I would like to ask the member if he supports the part of the bill that deals with changes to the Indian Act in part 4, division 8.

He and I were both in Kamloops, where we heard from Manny Jules on changes to the Indian Act with respect to ownership by first nation people on reserves and private property. I think he supported the concept of the idea at the time. I wonder if he is supportive of the changes in this specific piece of legislation dealing with this issue.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 10:50 a.m.
See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, that is a great question from the member opposite, even though he is a Conservative. We have actually worked quite well together.

I was very favourable to the ideas of Manny Jules in Kamloops. We saw the place and thought it was a great initiative. We are still debating it within our party, which is something the Liberal Party does: we debate issues, and that is what we are asking for on the omnibus bill.

Certain measures in the omnibus bill need to be debated separately by people who have the expertise. We need to have witnesses come before the proper committee, and not just for five minutes, to look at the pro and cons. What might be of benefit to one community or stakeholder may not be of benefit to another.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 10:50 a.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, back in 1994, the Prime Minister addressed the Liberal omnibus bill, which was a 21-page document, and I want to quote what he said back then when he was in the opposition:

We can agree with some of the measures but oppose others. How do we express our views and the views of our constituents when matters are so diverse? Dividing the bill into several components would allow members to represent the views of their constituents on each of the different components in the bill.

He asked the government members particularly to worry about the implications of the omnibus bill for “democracy and functionality of Parliament”.

Would the member not agree that the Prime Minister's words back then echo those of today, loud and clear?

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 10:55 a.m.
See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, of course, what was said by the Prime Minister then applies today. It is complete hypocrisy. We had a motion on this and the Prime Minister actually voted against his own words.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 10:55 a.m.
See context

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, it is a real pleasure to be able to stand in the House today and to speak on behalf of my constituents in support of this budget bill. We are debating the implementation phase of our budget, our jobs, growth and long-term prosperity act. The good news is that this government is steadfast in our commitment to help create jobs for Canadians.

The other good news is that our plan is working. The plan is showing a great deal of success. September, last month, again showed strong job growth. We have heard it in the House before, that more than 820,000 new jobs have been created. Out of those 820,000 new jobs, 90% are full-time. All the time, we hear from the opposition that they are part-time jobs, but 90% of these jobs are full-time. Eighty per cent of the jobs are within the private sector. This is not a government that is saying we are going to create jobs by hiring more people for the public service, hiring more people so they can work for the government. This is the private sector people saying they believe that, as bad as this global downturn is, they have confidence that they can create jobs and build an economy here in Canada.

Jobs are what Canadians want. Canadians elected our government with a strong mandate to do what we can to help families grow and prosper. Canadian families know that when Mom or Dad or even some of the young people in that family have a job, everything is better at home.

Canadians also know that this global economy remains fragile. Especially when we look at the news and see what is going on in Europe with just one country after another in turmoil and also in our closest trading partner, the United States, Canadians realize that this is a global economy that is very fragile. We know our largest trading partners are having a difficult time, so that means Canada is not immune to the challenges coming from outside our borders.

That is why Canadians elected the Conservative Party of Canada and not the New Democratic Party or the Liberal Party. They know we had a plan that would work.

Our Conservative government is working hard to support local economies with positive pro-growth measures in this economic action plan 2012. It is not just talk. On this side of the House, we are offering the job-creating hiring credit for small businesses, among other measures. In my riding of Crowfoot, there are many small communities that are taking advantage of this, small communities where there are small and medium-sized businesses that can take a look at our plan. Even when I put out my householder with the tax guide for 2011, we talked about the job-hiring credit. Many people in my riding are picking up on this, and people are taking advantage of it in rural Canada as well.

Budget 2012 is full of measures not just for the big corporations and big business. It is full of measures for families and for small and medium-sized business. Our government is committed to increasing Canada's exports to the Asia Pacific. It is not all about only finding tax measures and hiring credits and measures for here at home; we are also recognizing that we need to look abroad. This is critical to industries in Canada to help create jobs and to level the playing field to allow Canadian companies to be competitive.

Canadians can clearly see that our government is promoting trade. However, every time we come forward with a new trade agreement or negotiations toward a new trade agreement, we know even before we table the thing that it will always be opposed by the official opposition. The New Democrats vote against it. That is another reason why Canadians gave this government a strong majority here in the House of Commons; they realize we have a proactive agenda for building trade and building our economy around the world.

In my riding, we need a government to help us export our products around the world. Our Minister of International Trade, our Minister of Agriculture and Agri-Food and our Prime Minister have done a remarkable job in this area. They are garnering markets for our products all around the world, not only agricultural products, not only in places like Jordan and others that are taking our pulse crops or Colombia and other places. Around the world, for many different sectors in our economy, our government is getting the job done.

Some 60% of the people in Canada's workforce do not have a pension. We have spoken of this before in the House of Commons. In my constituency, small businesses are having a hard time attracting people to work because some of the benefits of being able to buy into a pension plan are not available. Therefore, when our government comes with a pension plan, a smaller pension plan, small business appreciates it. It is very simple. When people go from one job to another, they can take their pension with them. It is a positive that a lot of people are looking forward to and are using.

We are doing other things. Pooled registered pension plans are working. There are a lot of other things in this budget that are good.

The House has been debating this bill for close to three months. We have talked about this budget for over three months. The finance committee created a special subcommittee, as per the request of the opposition. Together, these committees have held over 70 hours of meetings and have heard from over 100 witnesses who came in front of the committee to testify.

I really believe the finance committee chair is probably one of the hardest-working people in the House. That committee has had over 70 hours of meetings. I know our public safety committee is on its 55th meeting and we are busy. The finance committee has had 82 meetings. The finance chair is up and working before Uncle Charlie in Wainright is milking the cows, so the committee is getting the job done.

Bill C-38 has had more debate in the House than any other legislation over the last 20 years. The opposition tries to delay. It tries to implement and deny hard-working Canadians and taxpayers the benefits of the budget, which this implementation act would help implement. The opposition has always done that.

There is a lot more I could speak about in the implementation bill. I want to quickly move to some examples of things that are very positive in the bill.

The first is streamlining the process for the approval of energy projects. This is one of the things, over a period of time, to which our government has committed to ensure that our economy can grow, to ensure that if there is one project there is one review and to ensure that there will not be an endless degree of delay. All those things hinder our economy. We want to, in many different ways, move the economy forward. We want to, as I have already said, help Canadians find jobs. We want to remove redundant and extra layers of bureaucracy.

A press release was issued a number of months ago. In one case, the bureaucracy was diminished by the CFIA having a building and Agriculture Canada having a building a block away. In the CFIA building there was a whole section of IT, mail systems and computer systems and, again, a duplication of those services in the building just a block away.

We are able to combine streamline some of these things to reduce the number of bureaucrats and the levels of bureaucracy in Ottawa and around Canada, for example, taking the Department of Fisheries and Oceans out of the creeks and watersheds of the Prairies and focusing its work on fish habitats on our coastlines.

It is important to ensure that the fish stocks grow, but they will not grow in east central Alberta because there is a lack of lakes. However, we still have a lot of people who come and give their opinion on some of those issues of growth.

This summer I received an email from my daughter. After some time in education she received her nursing degree and was able to get a job. This is the email she sent me after receiving her first paycheque, “Okay, Dad, something needs to change. I made $4,158 this month and only take home $2,842. Do something, this is so stupid”.

I told her the opposition, according to the Broadbent Institution, believed that she was not spending enough on her taxes, that it wanted to see higher taxes. We are committed to seeing this economy grow and we are committed to lowering taxes.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:05 a.m.
See context

NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I listened to my friend's comments very closely. I would like to go back to the very beginning of his speech when he talked about jobs. I know the member to be very clever. I know him to be hard working. I know he is not fooled easily, but I wonder if he has been tricked by his own talking points.

It is my understanding that fully one-third of the full-time jobs he has talked about are temporary foreign worker jobs. Would the member have the exact number of temporary foreign worker jobs that are part of those figures about which he has talked?

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:05 a.m.
See context

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, no, I do not.

What I do have are groups and businesses from across Alberta and Canada coming to my office as well as the offices of members of Parliament from Alberta. The number one issue is labour and being able to secure good, skilled labour to work, whether it is in the oil patch, small business, agriculture or wherever it may be.

We will slow down as an economy if we do not have the people who can be put into those positions and jobs. In order for the economy to grow, we will take every opportunity to hire local, skilled, trained Canadians for the job. If those are not there, especially in Alberta where there is such growth, then we need to secure labour.

Many of the jobs are foreign labour, but I am talking about Canadian jobs. We are talking about Canadians who are looking for jobs and who are willing to work. We want to ensure that the economy avails them the opportunity to find that job.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:05 a.m.
See context

Liberal

Massimo Pacetti Liberal Saint-Léonard—Saint-Michel, QC

Mr. Speaker, I was going to get up on a point of order on this, but the member was in his own little fantasy world and I did not want to interrupt him.

I have a bill called Bill C-45. The first reading was October 18. The member across said that we had been discussing it for three months. Then he went on to say that the bill has been around for 20 years.

Is this his fantasy world? Are we talking about the same calendar year and the same bill?

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:05 a.m.
See context

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, I appreciate being able to set the record straight and inform the member that, yes, he is correct, the budget implementation bill was just announced.

However, the budget came down in March. This is the implementation bill. Let me just explain for the member that this implementation bill is the technicalities of how the bill is implemented. For example, the other day the member spoke day about the Judges Act and judges' payment. Four or five pages in the budget implementation bill lay out the pay for our judges. It is a very technical implementation bill.

The budget is there. It has been discussed for three months. This bill is to help us implement it.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:10 a.m.
See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I want to thank my colleague for outlining much of the good work that our finance chair does at the committee level. It is incredible.

The member also mentioned, a number of times, the issues of job creation. I cannot say how many times I have heard in my riding over the last number of months how job creators, business people are appreciating our low-tax environment, which allows them to invest in job creation in Canada.

Near the end of his speech, my colleague commented just briefly on the Ed Broadbent Institute. Could he further elaborate? I have just come across something from the institute that is headed by former NDP leader, Ed Broadbent. I want to read a very short section of it. It says:

Taxes are the hinge that links citizens to one another and to the common good....We should also consider eliminating...the ‘boutique’ tax credits of recent budgets...consider implementing taxes on very large inheritances of wealth which pass morally-unjustifiable class privilege...Significant revenues could be raised by the introduction of a financial transactions tax...Green taxes—such as a carbon tax and higher taxes on natural resources—need to be considered as a means of financing...

Could my colleague comment on whether he agrees with that?

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:10 a.m.
See context

Conservative

Kevin Sorenson Conservative Crowfoot, AB

Mr. Speaker, all around the world governments are leaving socialist ideas and programs because they realize they just simply are not working. I have listened to the NDP propaganda and Mr. Broadbent. They have said that we do not pay enough taxes in our country, period. The NDP's agenda is to have a higher tax and have government become almost like a god, so we will go to government and it will give us all everything we need.

We want to put $3,100 back into the pockets of Canadians. We do not want a big $21 billion carbon tax that will kill the economy. This is a good budget implementation act and we need to support it.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:10 a.m.
See context

NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, I, along with my NDP colleagues, oppose this monster budget bill. I oppose it on both content and process. First I will talk about the process.

The Conservatives talk about the unprecedented level of debate and hours of debate on this bill and the previous budget bill. Even the member for Crowfoot, who spoke before me, talked about unprecedented debate in the House. Let us review that to see if they are right.

Bill C-20, which was what the budget bill was called in 1991, was six pages long and between first and third reading in the House of Commons, there were 192 days of debate. In 1995, it was Bill C-76 and it was 48 pages long. There were 78 days of debate in the chamber. Bill C-32 in 2000 was 29 pages long, it went down a bit in size, and there were 60 days of debate. Bill C-33 in 2004 was 76 pages long and it received 79 days of debate in this chamber.

What happened this year? This spring the omnibus budget bill touched or outright repealed over 70 laws. A third of that budget bill was about gutting environmental legislation. Most pieces of the budget had not been debated in the House before and most of those pieces were not campaigned on.

I do not remember the Conservatives campaigning in the 2011 election saying that they were going to increase OAS eligibility from the age of 65 to 67. I do not remember them campaigning on the fact that they were going to diminish health care transfers. In fact, during that election, I was the health critic for the NDP and I remember the opposite. The Conservatives campaigned on maintaining and increasing health care transfers.

We also cannot find any of these pieces in Conservative Party policy. If we turn to its policy, we will not find the Conservatives saying that they believe they should raise the age that people can collect their OAS.

The member for Crowfoot said that we had this budget. that this stuff had existed for so long and we should have read it. I would love for any member on that side of the House to tell me anything, even one word, about what the changes were to the Assisted Human Reproduction Act in the last omnibus budget bill, never mind what that had to do with the budget. I think most Conservatives would be hard pressed to even repeat the phrase “assisted human reproduction”.

We had Bill C-38 in the spring that was 425 pages long and there were 54 days of debate. Here we are again this fall with the second omnibus budget, the son of omnibus. I do not know how long this debate will go, but the government has already moved time allocation. I cannot imagine it will be very long. I cannot imagine it will be the heady days of 1991 when there were 192 days of debate, I highly doubt that, and we have a bill that is over 440 pages long.

The length of debate is important. Maybe the Conservatives do not think it is important because they do not like to listen when the NDP brings forward reasonable ideas. They just want to sit with their eyes closed and their hands over their ears. However, the length of debate is important for democracy because it allows entry points for civil society to engage with the legislative process. Think about it. How does civil society actually engage with this process? People cannot come here to vote or give speeches in the House, but there are entry points for them. They write letters to their MPs. They write letters to the editor. They testify at committee. They come up with good ideas and send them to us via social media. They phone us and have meetings with us in our communities. They have brown bag luncheon seminars in their workplaces to talk about how this will impact them. Sometimes they even take to the streets. The length of debate allows that process, that moment for civil society to engage with the legislative process.

The NDP brought forward amendments to the bill at committee based on what the community and civil society had told us. The opposition brought forward over 800 amendments in the House based on what civil society said, but we had 54 days of debate where that entry point for civil society was eliminated because not one amendment was made. What is the result because the government did not listen? In this omnibus monster budget, there are amendments to amendments that were made in the last budget bill.

Can members imagine amendments to amendments in the same year, as if we needed more evidence that the Conservatives are bad managers?

The process is undemocratic. Bill C-45 is a massive omnibus budget bill that makes amendments to a wide range of acts. Once again, the Conservatives are trying to ram the legislation through Parliament without allowing Canadians and their MPs to thoroughly examine it. They need to remember that we are their members of Parliament. It is our job to look at the bill properly, make amendments and suggest ideas. New Democrats are proud to stand in the House and actually do their job.

I fear that I am quickly running out of time, and I wanted to share some words from Canadians. I know the Conservatives will not listen to the NDP, because they do not like reasonable, good, sound ideas, but maybe they will listen to Canadians.

I have some letters I received from constituents.

The first is from Rebekah Hutten, who wrote:

My name is Rebekah Hutten, and I am a university student deeply concerned about [the budget].

I am writing to let you know how disturbed I am by this furtive endeavour to use an omnibus budget bill to completely wipe out years of progress Canada has made on environmental protection.... For the sake of the environment, I implore you to demand the non-budget matters—all environmental changes—be removed from C-38 [the last budget bill] and put forward as stand-alone legislation.

We took that advice and tried to do that, but the Conservatives refused to listen. We are trying to do that with this budget bill as well. We will see if they come around to their senses.

I received another letter from Bill Davidson, who wrote:

I am one of your constituents in Halifax, and I wanted to write to you to express my displeasure, or rather horror, about bill C-38, the conservatives' omnibus “budget” bill. This is not a budget, it is one of the most anti-democratic pieces of legislation ever tabled in a Canadian parliament, complete with wholesale destruction of anything resembling environmental policy. It is anti-environment, anti-science, anti-common sense, and insulting to Canadians from coast to coast to coast.... Please [member of Parliament for Halifax], don't let these guys get away with this without putting up a fight.

Leagh and Diane Colins wrote:

Our fathers and grandfathers fought for Democracy—many giving the ultimate sacrifice of their lives against tyranny and government control. Censorship against free speech and the right to protest against that which we deem to be detrimental to our society is what they fought against. This current government disrespects their memory.

Our children and grandchildren will not have much of a world to grow up in when we allow the short-sighted goals of profit to overwhelm Canada's proud legacy of its environment and wildlife.

We most emphatically urge you to speak out against this bill and these measures to still the voice of opposition to environmental destruction.

In closing, I would like to seek unanimous consent to move the following motion: That notwithstanding any Standing Order or usual practice of the House, clauses 316 to 350 and Schedule 2 related to changes to the Navigable Waters Protection Act, and clauses 425 to 432 related to the changes to the Canadian Environmental Assessment Act, 2012 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 Navigable Waters Protection Act and the Canadian Environmental Assessment Act, 2012”; 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 referral to the Standing Committee on Environment and Sustainable Development; that Bill C-45 retain the status on the order paper 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.

We are proposing this motion to ensure that the bill is split for proper study at the correct committee, and specifically to ensure that the Navigable Waters Protection Act is reviewed at the environment committee, where it belongs, and which government websites would have supported until about seven days ago.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:20 a.m.
See context

NDP

The Deputy Speaker NDP Joe Comartin

Does the hon. member for Halifax have the unanimous consent of the House to move the motion?

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:20 a.m.
See context

Some hon. members

Agreed.

No.