Jobs and Growth Act, 2012

A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:30 p.m.
See context

Some hon. members

No.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:30 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

There is no consent.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:30 p.m.
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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, it might not be fair, but I am going to ask my colleague from the NDP to try to figure out the government's thinking in this particular case.

The bill that has come forward in fact changes a number of different aspects of the EI system. The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities is currently looking at Bill C-44. We have allocated five days for the study of that. It should maybe impact 6,000 people in Canada each year. However, the changes made in the bill will impact 750,000 to 900,000 people, and yet there is no study of it. It is being rammed through in this particular piece of legislation.

What would my colleague see as the government's rationale for doing something like this in making these changes to the EI system?

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:30 p.m.
See context

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, the entire mess around changes to employment insurance, quite frankly, befuddles me.

This is a downward spiral for workers who have contributed so much to our Canadian economy and who provide for their families. It is very clear to me that the objective here is to make Canada into a low-wage economy.

All the government cares about is its friends in the corporate sector, those who make huge profits. By reducing the wages of Canadians and making them suffer in an unfair employment insurance system, it is ensuring that its friends are getting that extra benefit.

The government has no interest in the social safety net of this country. It has reduced transfers for health care. It has undermined the old age security system and now the employment insurance system. It wants to destroy our safety net, not protect it.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:35 p.m.
See context

NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, I congratulate my colleague on her speech.

She said that important issues will unfortunately not be thoroughly debated, which is too bad. As parliamentarians, we must be able to clearly debate bills that are being forced down our throats, as is once again the case with this omnibus bill.

My colleague spoke about the public service pension plan, and more specifically the impact of the changes made to it and how they will affect future generations. These changes will create a two-tier system. Can she speak to that?

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:35 p.m.
See context

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, the government is very clearly going after any person hired after January 1, 2013. That person will not have the same pension benefits as the people who are currently in the public service. In addition to that, they will face penalties if they retire with 30 years of service but are not of age 65.

That is simply not acceptable. We all know that once they put in 30 or 35 years of service, there is a time when they feel compelled to leave that line of work and retire. That is no longer possible. It is regrettable because, quite literally, people do wear out and need to take retirement.

What concerns me the most is the approach of the government. What it has done is to pit one group of people against another. It does it all the time, but in this instance it is appealing to the basest instincts of people, who do not understand that our job here is not to cut down those who have a decent, secure retirement but to raise up the hundreds of thousands of Canadians who do not. That is what the government should be doing instead of taking pot shots at people who help us run this country.

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:35 p.m.
See context

NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I am in the habit of beginning my speeches by saying I am extremely happy to speak to a bill. In this case, however, with a time allocation motion having been moved, I have to say I am extremely disappointed for my colleagues who would also have liked to make the voices of their constituents heard in this House and who will be unable to do so. It is extremely disappointing to see that for at least the 20th time, time is being limited, and for a bill as gargantuan as this. It is simply scandalous. I am therefore extremely disappointed to be debating a bill that I would also describe as antidemocratic for the two reasons I have just mentioned.

Bill C-45 is the second omnibus bill introduced by the government this year—the second bill of this kind in less than seven months. This is certainly a record. At nearly 450 pages long, this is their second titanic bill. We have to ask ourselves whether the government has an iota of respect for democracy and parliamentary procedure. The answer is self-evident: no, it does not.

Why do I say this bill is antidemocratic? Because Bill C-45 is again going to amend over 40 different statutes, in addition to creating a new one. As was the case for Bill C-38, the various pieces of legislation this bill contains have nothing to do with one another. The bill will amend the Navigable Waters Protection Act, the Pension Act, the Employment Insurance Act, the Canada Grain Act, and more.

That is why, since the beginning, we have been calling for this bill to be split into several parts, as the leader of the official opposition proposed. The government quite simply has an obligation to agree to that proposal and refer the bill to 13 different committees, so that each of the parts that relate to each committee can be examined effectively and the committees can be allowed to hear the appropriate experts. This an obligation to which the government should be held, in view of that suggestion. The parliamentarians on those committees must also be allowed to present the amendments that are needed to make this bill acceptable.

The government prefers to bundle all these legislative changes into a single bill that will be examined by a single committee and ultimately submitted to a single vote. This is a farce; it is contempt for parliamentary democracy. This is the same thing that happened when the government forced its elephantine bill through Parliament: it is allowing us no opportunity for a thorough examination. The government is preventing the opposition from doing its job, which is to oversee the work on government bills. Instead of showing Canadians that a Conservative government has to be transparent and accountable, the Conservatives have decided to do the exact opposite. What they are proving, as I said, is the extent to which they hold parliamentary democracy in total contempt.

The Conservatives moved a time allocation motion this morning. I do not know how many they have now made since the beginning of this Parliament; I have simply stopped counting. If it were up to them, they would fax the bills to our offices and we would show up here two or three times a year to vote two or three times on a few bills, without examining them adequately. This is quite simply scandalous. Transparency and accountability, to this government, simply do not exist. They seem to be allergic to those concepts. They simply do not want to hear about it.

The Conservatives are introducing a bill like this to have hundreds of changes enacted, changes that I would describe as completely radical, without consulting Canadians—and yet consultation with voters and accountability of the government to the House that represents them are two of the fundamental principles of our parliamentary democracy.

We are not the only ones who think the government is lacking in transparency and accountability. We need only look at what the Parliamentary Budget Officer is having to do to get the information he needs. His job is to assess the budget measures that are in Bill C-38 and their impact. I wager that it will be exactly the same situation for Bill C-45. The government will do everything it can to throw obstacles in the Parliamentary Budget Officer’s way.

The Conservatives are big on giving bills grand titles that mean absolutely nothing, to my mind, while at the same time spending tens of millions of dollars on advertising for propaganda purposes. They have called this bill the Jobs and Growth Act, 2012. The title they have come up with may be a punchy one, but there is nothing in this gigantic bill that will create jobs or stimulate long-term economic growth.

Working people and their families are still going through hard times because of the 2008 recession and the current economic slowdown. They need the government to do something to help them get through these hard times.

The government’s response to their problems is a wonderful “economic action plan” that is eliminating more jobs than it creates. At the end of the day, the only people who are benefiting from the Conservatives' action plan are their friends in the oil companies. With this bill, the million and a half jobless Canadians are being left completely to their own devices by the government.

Bill C-45 will create no jobs, and we are not the only ones saying that. The Parliamentary Budget Officer contends that the budget will result in the loss of 43,000 Canadian jobs. In reality, the budget will cause the unemployment rate to rise. Canadians deserve a government that can create jobs, not raise the unemployment rate.

The measures in the budget are going to affect millions of Canadians. The Conservative government is imposing those measures at the same time as it is doing nothing to combat youth unemployment. As well, it is asking people to work longer in order to be eligible for old age security benefits.

According to the Conservative government, Canadians do not work enough. It is therefore going to cut paid holidays by changing the method of calculating how they are paid. Employees will no longer be entitled to holiday pay for a holiday that falls within the first 30 days after they are hired. As well, employees who are paid on commission will have to work for at least 12 weeks before they are entitled to holiday pay. Government employees are also affected significantly by this bill—as if they had not been affected enough already by the current and upcoming job cuts.

The Conservatives have poisoned the atmosphere in the public service because of how they have managed these changes. This is very serious, but it does not seem to bother our colleagues opposite. They keep hammering away, raising employees’ contribution rates to 50%, regardless of when they were hired. The retirement age will be pushed back from 60 to 65 for any employee hired after January 1, 2013. At present, public servants can take early retirement with no penalty after 30 years of continuous service. However, with this bill, employees hired after January 1, 2013, will be eligible for early retirement after 30 years’ service only if they are over the age of 60. Employees aged 55 and over with 25 years’ service or more will be eligible for a reduced pension.

We are very concerned about this. One group of workers will have to work longer in order to be entitled to the same pension plan as other employees, which is simply unfair.

The main job creation measure in Bill C-45 is the implementation of a temporary hiring tax credit for small businesses. In my opinion, this measure is insufficient because it gives employers a maximum credit of only $1,000, which is available only for 2012. In other words, once the bill has been passed, the year will be almost over and the measures will have a very limited application. Despite its flaws, we support this provision.

All these measures, which will be of no help to Canada's labour market, come on top of the major cuts the government is making to employment insurance. We questioned the Minister of Human Resources to try to make her listen to reason. She did an about-face and changed her approach, but the new approach is not much better.

The cuts to old age security will cost people up to $34,000 in benefits. Health transfers to the provinces will also be reduced by $31 billion.

It is important to remember that 100 inspectors lost their jobs and 300 positions at the Canadian Food Inspection Agency were cut, which led to the biggest tainted beef crisis in Canadian history. Why? It is because the Conservatives did not listen to Canadians when making these many changes. This is no longer the Canada that Canadians believe in.

We will not let the government change the laws, policies and programs that Canadians believe in and that they are entitled to. We are going to stand in the government's way. The NDP has an economic plan to improve the health care system and services for Canadians. We are therefore going to oppose many measures in this bill.

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October 25th, 2012 / 1:45 p.m.
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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, I asked the member for London—Fanshawe to speculate on the thought process behind some of the changes made in the budget by the government and I would ask that presenter to do the same.

With regard to the changes to OAS and the increase of the age for receiving OAS, it seems like the government fabricated a crisis. We see now with the document tabled by the Auditor General that there was no crisis and that any savings at all would have been minuscule. I would appreciate the member's thoughts on this change, a change that would have a negative impact on so many, especially those Canadians who live with disabilities on whose lives it would have a substantive negative impact. What would have motivated the government to embark on this wrong-minded manoeuvre?

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October 25th, 2012 / 1:50 p.m.
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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I thank my hon. colleague for his question and his entirely warranted comments.

Unless I am mistaken, the government announced those changes in Davos, outside the country, right after an election campaign. It indicated that it would push back the age of eligibility for employee retirement pensions from 65 to 67. Consequently, many people will indeed be in enormous difficulty because they will have to reach the age of eligibility. I am thinking of those who do physical work, those who work in the construction industry. They are in an extremely difficult situation and will have to wait two more years to receive their pensions. That is utterly inconceivable. When you do physical work, it is hard to wait any longer to retire.

My colleague also mentioned that this would affect many low-income individuals with reduced mobility, because they will have to wait two years and will probably no longer be able to work. Then they will be dependent on provincial programs. Those programs will have to absorb the cost of this change.

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October 25th, 2012 / 1:50 p.m.
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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I congratulate my colleague on his excellent speech.

I would like him to elaborate a little more on his thoughts about the social costs of the cuts and all the secrecy the Conservatives are engaging in for the second time.

In this bill to implement the 2012-13 budget, the government is preparing once again to amend 60 enabling statutes. Even if only one or two sentences are amended, that is unacceptable, particularly since I am hearing entrepreneurs and self-employed workers say that the Conservatives' cuts are having a greater impact than the last economic crisis, in 2008. This kind of secrecy is unacceptable, particularly when the government claims to be democratic and to be listening to Canadians.

What will the social costs of all this ultimately be?

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October 25th, 2012 / 1:50 p.m.
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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I thank my hon. colleague for his question and comments.

It is hard to know what the social cost of all the changes to these many acts will be. More than 40 acts will be affected. If we consider Bill C-38, we are still unable to assess all the changes that will result from that bill.

Some enormous changes can be anticipated. Asking us to study 40 amended acts in a single bill like this is a tall order. Enormous social costs will be incurred as a result of these changes. However, we will not be able to study this effectively or properly. That is the problem with this bill. The government wants to make major changes, but it also wants to conceal them so that we cannot study them properly. That is scandalous.

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October 25th, 2012 / 1:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Before we resume debate, I will let the hon. member for York Centre know that I will need to interrupt him at about two minutes to 2 p.m., this being the beginning of the statements by members. He will have just around five minutes or so. He will, of course, have the other five minutes when we resume debate on this question after question period or later today.

The hon. member for York Centre.

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October 25th, 2012 / 1:50 p.m.
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Conservative

Mark Adler Conservative York Centre, ON

Mr. Speaker, I will be splitting my time with the member for Prince Albert on this very important debate that we are undertaking today on Bill C-45, which is the second half of the budget implementation act. It is part of the budget that was introduced on March 29 of this year by our Minister of Finance.

I will begin by talking about one of my favourite movies, The Candidate, starring Robert Redford. Robert Redford was a democratic candidate running for the U.S. Senate in California. When he was picked to run, he was way down in the polls and was not expected to win. He was supposed to be a sacrificial candidate. What happened though at the end of the movie is that he wins. In the very last scene, he and his political consultant were in a hotel room and Robert looks across the room and mouths to his consultant, “What do we do now?”

We knew exactly what to do on May 2, 2011, when our Prime Minister led us to a strong, stable, national Conservative majority government. We did not have to ask what do we do now.

Success does not come by chance. Success is a matter of making the right choices, which our Prime Minister and our finance minister who has been declared the best finance minister in the world by his colleagues, did. The right choices is about building bridges to the future. We are building those bridges. We are not destroying bridges, like the NDP and the Liberals. We are looking forward, not backwards.

The New Democratic Party is a really misnomer. It should be called the old democratic party because it wants to take us back to the old spend-and-tax—

Jobs and Growth Act, 2012Government Orders

October 25th, 2012 / 1:50 p.m.
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An hon. member

They are not democratic.

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October 25th, 2012 / 1:50 p.m.
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Conservative

Mark Adler Conservative York Centre, ON

That is true, as my friend says.

—policies of the sixties and the seventies.