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 / 11:20 a.m.
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NDP

The Deputy Speaker NDP Joe Comartin

Questions and comments, the hon. member for Winnipeg North.

Jobs and Growth Act, 2012Government Orders

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

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, one of the concerns of the Liberal Party, virtually since the Prime Minister went overseas and made the announcement that he was looking at making changes to OAS, our old age supplement, and to our pension program was the fact that these are a foundation or cornerstone of social programing, and we have to be there in a very real and tangible way for our seniors.

We have heard very clearly from independent officers that there is no crisis. I know that the Liberals and the New Democrats have recognized that we need to see that commitment to allow individuals to continue to retire at age 65 reinstated. This is something the Liberal Party has been clear about. I believe that the New Democrats have also taken that position.

I wonder if the member might want to provide comment on the whole issue of the old age supplement.

Jobs and Growth Act, 2012Government Orders

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

Megan Leslie NDP Halifax, NS

Mr. Speaker, I appreciate the opportunity to speak to the OAS.

I will share a story. I was in my riding, waiting at a bus stop, and I was chatting with a constituent who was confused about the OAS and whether it would impact him. He told me what his birthdate was. Coincidentally, it was the same year as the Prime Minister's, so the changes will not affect him. He was relieved to hear that, because he needs that money. He paused and then said that it is not fair to the next generation. He wanted to know how he could help fight for the next generation. He gets it. He gets that this is about making sure that seniors can make ends meet.

My colleague is right to say that we have so many independent verifiers who say that we do not actually have a crisis when it comes to ensuring that seniors can get their OAS, GIS and CPP. We do not have a crisis right now. I absolutely agree with the member.

Jobs and Growth Act, 2012Government Orders

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

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, I would like to congratulate my colleague for being an excellent advocate for her constituents from Halifax by actually reading into the record what they have been writing.

I read the budget that was tabled in March. Recently I did an online search of the budget for the word “navigable”. It resulted in zero results, because the word “navigable” does not exist in the budget. However, we are being told by members of the government over and over again that in this budget implementation act, the word “navigable” apparently exists. Maybe they have put a different version of the budget on the Internet for the public to see. I am not sure, but I searched online and could not find it.

Conservatives seem to be changing a lot in the Navigable Waters Protection Act. If my intelligent colleague can help me understand, I would very much appreciate that.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:25 a.m.
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NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, I thank the member for Scarborough—Rouge River for really doing her homework and for doing good research on this piece. That part about navigable waters had escaped me, so I am glad she did that.

This is exactly what the Conservatives are doing. They claim that all of these changes are in their budget, but then they present bills that are completely different.

I am the environment critic for the NDP. I meet with environmentalists, but I meet with industry too. Industry officials were pleased as punch with the changes to the Canadian Environmental Assessment Act in the last budget bill. I disagree with them, but they were pretty happy. Some of them were pleased with the changes to the Fisheries Act. Again, I disagree with them, but they were pretty happy.

I talked to officials about the navigable waters act, and they said, “Whoa, we didn't ask for this”. The government seems to think that it is appeasing industry, but industry never asked for this. The Conservatives are just imagining what could be another possible win for industry, and they are making stuff up. If they actually consulted with industry, they would realize that changes to the Navigable Waters Protection Act was not one of their asks. Conservatives should really start doing their homework.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:25 a.m.
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Newmarket—Aurora Ontario

Conservative

Lois Brown ConservativeParliamentary Secretary to the Minister of International Cooperation

Mr. Speaker, I am very pleased to stand in the House today to speak to Bill C-45, the second implementation bill relating to the jobs and growth act 2012.

I would like to first preface my remarks by reminding my colleagues on the opposition benches that Bill C-45 provides the mechanisms to implement the provisions outlined in budget 2012. That legislation was tabled a full seven months ago, on March 29, 2012.

Budget 2012 has received more debate than any other budget bill in this House. I also remind my colleagues that Bill C-45 will be sent to 45 different standing committees for further scrutiny and debate, so I think there are adequate opportunities for discussion and debate.

I would like to comment on a few of the enabling legislative items in Bill C-45 that are especially appreciated by the residents in my riding of Newmarket—Aurora.

Both Newmarket and Aurora are situated at the top of the GTA, in York region. It is one of the fastest growing areas in Ontario, and residents there have clearly articulated to me that they want their government to remain focused on jobs and economic growth.

That is why, for example, they are very pleased with the implementation measures in Bill C-45 that enable pooled registered pension plans to become a reality.

Bill C-45 amends the Income Tax Act to accommodate pooled registered pension plans, or PRPPs. It sets out the tax treatment for contributions to and distributions from PRPPs. It also deals with a number of related issues, such as the registration of pooled pension plans and transfers on the death of a PRPP member.

I cannot say enough about how important PRPPs are to entrepreneurs and working Canadians in my riding of Newmarket—Aurora.

In York region, home to over one million people, 83% of all businesses have fewer than 20 employees. This will be a very valuable tool for employers. It will help them, first, to retain good staff, and second, to provide pension options to those who currently may not--

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:25 a.m.
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NDP

The Deputy Speaker NDP Joe Comartin

Order, please. The hon. member for Newton—North Delta.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:25 a.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I am fairly new to this House. I have been here just over a year. I was taken aback when my colleague mentioned 45 standing committees here in the House of Commons. As far as I know, there are only about 25 or 26.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:30 a.m.
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NDP

The Deputy Speaker NDP Joe Comartin

It is a matter of debate on factual matters.

The hon. parliamentary secretary.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:30 a.m.
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Conservative

Lois Brown Conservative Newmarket—Aurora, ON

Mr. Speaker, I said 11 standing committees, not 45. I referenced Bill C-45.

Let me repeat. Eighty-three per cent of all businesses in York Region, home to over one million people, have less than 20 employees. PRPPs will be a very valuable tool for employers to help them, first of all, to retain good staff and, second, to provide pension options to those who currently may not participate in a pension plan. Third, it will allow many entrepreneurs to better save for their retirements, such as those who operate a family business and who regularly put in 70-plus hours or more a week to support their families and to provide opportunities for others to do the same.

It simply is not fair that entrepreneurs, those who take on the risk, many by mortgaging their own assets and taking out personal loans to create jobs and opportunity across our country, do not have access to a company pension plan nor have the ability to offer one to their employees. Bill C-45 would correct this inequity.

I am also pleased about the lower corporate tax rate. We know that lowering corporate tax rates creates jobs. How do we know this? The proof is in the pudding. Let us just look for a moment at Canada's economic record.

Since 2006 our corporate tax rate has been steadily declining from 22% to 15%. As everyone is no doubt well aware, in 2008-09 Canada and the world were faced with the worst economic downturn since the Great Depression. That being said, unlike other countries Canada has emerged from that downturn in a relative position of strength. For example, nearly 820,000 new jobs have been created since July 2009, the strongest job creation record in the G7. Forbes magazine ranks Canada as the best place for businesses to grow and create jobs, and all the major credit rating agencies, Moody's, Fitch and Standard & Poor's, have affirmed Canada's AAA credit rating. Canada's debt to GDP ratio is by far the best in all the G7.

These results did not happen by chance. They are the result of a government focused on jobs and economic growth, one that does not get sidetracked and that clearly articulates its goals and sets out a methodical plan to achieve them.

I remind Canadians that in 2006 when this government came to office, it set out a long-range plan to foster strong and sustainable economic growth. It set out to show the world that we were a modern, dynamic and tolerant country. There were five goals: first, to establish the lowest tax rate on new business investment in the G7; second, to chart a course to eliminate Canada's debt; third, to reduce unnecessary regulation and red tape in Canada's marketplace; fourth, to create the best educated, most skilled and most flexible workforce in the world; and fifth, to build the modern infrastructure we need. That was six years ago and today we remain focused on achieving these goals.

We are keeping Canada's corporate tax rates low, lowering taxes on families, supporting a market economy with a non-interventionist government, and implementing a pro-trade agenda. These policies are contributing to Canada's relative economic success.

The opposite side of the House, however, advocates for higher taxes, such as the NDP's $21 billion carbon tax proposal. In this high-tax scenario I argue that today's global economy businesses would simply choose other places to invest. Corporations would have a thinner bottom line and would not be able to hire or keep as many employees. This would lead to increased unemployment and lower government revenues. Government would have to take on more debt to finance its activities. What happens when a government has to pay more to service its debt? Investor confidence fails and with it, business investment and economic growth. Thankfully this is not the case and I want to assure residents in my riding of Newmarket—Aurora that this government will never subscribe to high-tax schemes.

I would like to highlight another implementation measure in Bill C-45 that is important to Newmarket—Aurora. The amendments to part IV of the Employment Insurance Act allow the extension of the hiring credit for small business to 2012.

Small businesses are the engine of job creation in Canada, as they are in Newmarket—Aurora. In recognition of the challenges faced by small businesses across the country, budget 2011 announced a temporary hiring credit for small business of up to $1,000 per employer. This credit provided needed relief to small businesses by helping defray the costs of hiring new workers and allowing them to take advantage of emerging economic opportunities. Extending the temporary hiring credit for small business for one year would result in a credit of up to $1,000 against an employers' increase in 2012 EI premiums, over those paid in 2011. This temporary credit would be available to approximately 53,000 employers whose total EI premiums were at or below $10,000 in 2011, reducing small business 2012 payroll costs.

In conclusion, I believe Canadians expect their government to work in their best interests. They want their government to stay focused on jobs and the economy. The best way to do this is to move forward with the legislation so we can ensure that the many important measures it contains, essential to ensuring the continuation of our recovery, are done. That is what Canadians want and that is what this government intends to do.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:35 a.m.
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NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Mr. Speaker, I am going to ask more or less the same question I asked the member earlier. Either she did not understand the question, or she did not want to answer. It was about navigable waters.

In her speech, the member said that today's bill was exactly what the government tabled seven months ago: the 2012 budget, a book that several members have shown us. That was the first thing she said. However, changes to navigable waters in Bill C-45 were not mentioned in the March 2012 budget.

Can she explain why Bill C-45 includes references to the Navigable Waters Protection Act even though the March 2012 budget did not mention it? Can she explain why references to the environment were removed from the Government of Canada's website after we pointed out that the Navigable Waters Protection Act is in fact an environmental law?

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:35 a.m.
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Conservative

Lois Brown Conservative Newmarket—Aurora, ON

Mr. Speaker, let me preface everything I say by saying that this government is focused on jobs and growth. We do not want any impediments in place that would hamper jobs and growth in our country. We know the issues in the budget are available to all our provincial and municipal partners to make decisions on what would be best in their own areas to create jobs. In Newmarket—Aurora, we have people who are unemployed who are looking for opportunities and we know this budget would do that for them.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:35 a.m.
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Liberal

John McCallum Liberal Markham—Unionville, ON

Mr. Speaker, I have a question about pensions for the parliamentary secretary.

She waxed lyrical on how marvellous these pooled pensions, which the government introduced in its budget, were. I will acknowledge that we Liberals supported that measure but only because it is better than nothing. I submit that a supplementary Canada pension plan, which we proposed, would have been far superior. This is largely because the government's proposal is private sector and Canada has one of the highest management fees in the world, whereas the supplementary CPP would be much lower cost and would have provided competition for this private sector. As well, a difference of only one percentage point in the management fee can have a huge negative effect on a person's pension because of the power of compound interest.

While PRPPs are better than nothing, would the member not agree that, for the reasons I have just given, it would have been much better to have a supplementary Canada pension plan?

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:35 a.m.
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Conservative

Lois Brown Conservative Newmarket—Aurora, ON

Mr. Speaker, let me remind the hon. member that he had 13 long years in the House to do something about pension plans and did not approach them at all, ever. We are putting in place the opportunity for employers to have a pooled pension plan for their employees.

I come from small business. I have run a small business for a long time and I know many of my compatriots who are members of the Aurora and Newmarket chambers of commerce have had no access in the past to any sort of pension plan. We know this would offer them the opportunity to put a pension plan in place to offer more security for their employees. We know that any change to CPP requires agreement from all the provinces. We know that may be very difficult to get, so putting in place a pooled pension plan would give more options for more people to have security for the future.

Jobs and Growth Act, 2012Government Orders

October 30th, 2012 / 11:40 a.m.
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Conservative

LaVar Payne Conservative Medicine Hat, AB

Mr. Speaker, I listened intently to the speech from my colleague from Newmarket—Aurora. I did speak a little about the pooled pension for individuals and organizations in my riding. I got very positive comments.

However, the member for Newmarket—Aurora also talked about small business. We celebrated Small Business Week just recently. I would like to know what her thoughts are in terms of the additional $1,000 in EI benefits that would be available to small businesses? Would that help small businesses and encourage future growth and job opportunities?