Economic Action Plan 2013 Act No. 2

A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

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 proposed in the March 21, 2013 budget. Most notably, it
(a) increases the lifetime capital gains exemption to $800,000 and indexes the new limit to inflation;
(b) streamlines the process for pension plan administrators to refund a contribution made to a Registered Pension Plan as a result of a reasonable error;
(c) extends the reassessment period for reportable tax avoidance transactions and tax shelters when information returns are not filed properly and on time;
(d) phases out the federal Labour-Sponsored Venture Capital Corporations tax credit;
(e) ensures that derivative transactions cannot be used to convert fully taxable ordinary income into capital gains taxed at a lower rate;
(f) ensures that the tax consequences of disposing of a property cannot be avoided by entering into transactions that are economically equivalent to a disposition of the property;
(g) ensures that the tax attributes of trusts cannot be inappropriately transferred among arm’s length persons;
(h) responds to the Sommerer decision to restore the intended tax treatment with respect to non-resident trusts;
(i) expands eligibility for the accelerated capital cost allowance for clean energy generation equipment to include a broader range of biogas production equipment and equipment used to treat gases from waste;
(j) imposes a penalty in instances where information on tax preparers and billing arrangements is missing, incomplete or inaccurate on Scientific Research and Experimental Development tax incentive program claim forms;
(k) phases out the accelerated capital cost allowance for capital assets used in new mines and certain mine expansions, and reduces the deduction rate for pre-production mine development expenses;
(l) adjusts the five-year phase-out of the additional deduction for credit unions;
(m) eliminates unintended tax benefits in respect of two types of leveraged life insurance arrangements;
(n) clarifies the restricted farm loss rules and increases the restricted farm loss deduction limit;
(o) enhances corporate anti-loss trading rules to address planning that avoids those rules;
(p) extends, in certain circumstances, the reassessment period for taxpayers who have failed to correctly report income from a specified foreign property on their annual income tax return;
(q) extends the application of Canada’s thin capitalization rules to Canadian resident trusts and non-resident entities; and
(r) introduces new administrative monetary penalties and criminal offences to deter the use, possession, sale and development of electronic suppression of sales software that is designed to falsify records for the purpose of tax evasion.
Part 1 also implements other selected income tax measures. Most notably, it
(a) implements measures announced on July 25, 2012, including measures that
(i) relate to the taxation of specified investment flow-through entities, real estate investment trusts and publicly-traded corporations, and
(ii) respond to the Lewin decision;
(b) implements measures announced on December 21, 2012, including measures that relate to
(i) the computation of adjusted taxable income for the purposes of the alternative minimum tax,
(ii) the prohibited investment and advantage rules for registered plans, and
(iii) the corporate reorganization rules; and
(c) clarifies that information may be provided to the Department of Employment and Social Development for a program for temporary foreign workers.
Part 2 implements certain goods and services tax and harmonized sales tax (GST/HST) measures proposed in the March 21, 2013 budget by
(a) introducing new administrative monetary penalties and criminal offences to deter the use, possession, sale and development of electronic suppression of sales software that is designed to falsify records for the purpose of tax evasion; and
(b) clarifying that the GST/HST provision, exempting supplies by a public sector body (PSB) of a property or a service if all or substantially all of the supplies of the property or service by the PSB are made for free, does not apply to supplies of paid parking.
Part 3 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 3 amends the Employment Insurance Act to extend and expand a temporary measure to refund a portion of employer premiums for small businesses. It also amends that Act to modify the Employment Insurance premium rate-setting mechanism, including setting the 2015 and 2016 rates and requiring that the rate be set on a seven-year break-even basis by the Canada Employment Insurance Commission beginning with the 2017 rate. The Division repeals the Canada Employment Insurance Financing Board Act and related provisions of other Acts. Lastly, it makes technical amendments to the Employment Insurance (Fishing) Regulations.
Division 2 of Part 3 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to remove the prohibition against federal and provincial Crown agents and federal and provincial government employees being directors of a federally regulated financial institution. It also amends the Office of the Superintendent of Financial Institutions Act and the Financial Consumer Agency of Canada Act to remove the obligation of certain persons to give the Minister of Finance notice of their intent to borrow money from a federally regulated financial institution or from a corporation that has deposit insurance under the Canada Deposit Insurance Corporation Act.
Division 3 of Part 3 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to clarify the rules for certain indirect acquisitions of foreign financial institutions.
Division 4 of Part 3 amends the Criminal Code to update the definition “passport” in subsection 57(5) and also amends the Department of Foreign Affairs, Trade and Development Act to update the reference to the Minister in paragraph 11(1)(a).
Division 5 of Part 3 amends the Canada Labour Code to amend the definition of “danger” in subsection 122(1), to modify the refusal to work process, to remove all references to health and safety officers and to confer on the Minister of Labour their powers, duties and functions. It also makes consequential amendments to the National Energy Board Act, the Hazardous Materials Information Review Act and the Non-smokers’ Health Act.
Division 6 of Part 3 amends the Department of Human Resources and Skills Development Act to change the name of the Department to the Department of Employment and Social Development and to reflect that name change in the title of that Act and of its responsible Minister. In addition, the Division amends Part 6 of that Act to extend that Minister’s powers with respect to certain Acts, programs and activities and to allow the Minister of Labour to administer or enforce electronically the Canada Labour Code. The Division also adds the title of a Minister to the Salaries Act. Finally, it makes consequential amendments to several other Acts to reflect the name change.
Division 7 of Part 3 authorizes Her Majesty in right of Canada to hold, dispose of or otherwise deal with the Dominion Coal Blocks in any manner.
Division 8 of Part 3 authorizes the amalgamation of four Crown corporations that own or operate international bridges and gives the resulting amalgamated corporation certain powers. It also makes consequential amendments and repeals certain Acts.
Division 9 of Part 3 amends the Financial Administration Act to provide that agent corporations designated by the Minister of Finance may, subject to any terms and conditions of the designation, pledge any securities or cash that they hold, or give deposits, as security for the payment or performance of obligations arising out of derivatives that they enter into or guarantee for the management of financial risks.
Division 10 of Part 3 amends the National Research Council Act to reduce the number of members of the National Research Council of Canada and to create the position of Chairperson of the Council.
Division 11 of Part 3 amends the Veterans Review and Appeal Board Act to reduce the permanent number of members of the Veterans Review and Appeal Board.
Division 12 of Part 3 amends the Canada Pension Plan Investment Board Act to allow for the appointment of up to three directors who are not residents of Canada.
Division 13 of Part 3 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to extend to the whole Act the protection for communications that are subject to solicitor-client privilege and to provide that information disclosed by the Financial Transactions and Reports Analysis Centre of Canada under subsection 65(1) of that Act may be used by a law enforcement agency referred to in that subsection only as evidence of a contravention of Part 1 of that Act.
Division 14 of Part 3 enacts the Mackenzie Gas Project Impacts Fund Act, which establishes the Mackenzie Gas Project Impacts Fund. The Division also repeals the Mackenzie Gas Project Impacts Act.
Division 15 of Part 3 amends the Conflict of Interest Act to allow the Governor in Council to designate a person or class of persons as public office holders and to designate a person who is a public office holder or a class of persons who are public office holders as reporting public office holders, for the purposes of that Act.
Division 16 of Part 3 amends the Immigration and Refugee Protection Act to establish a new regime that provides that a foreign national who wishes to apply for permanent residence as a member of a certain economic class may do so only if they have submitted an expression of interest to the Minister and have subsequently been issued an invitation to apply.
Division 17 of Part 3 modernizes the collective bargaining and recourse systems provided by the Public Service Labour Relations Act regime. It amends the dispute resolution process for collective bargaining by removing the choice of dispute resolution method and substituting conciliation, which involves the possibility of the use of a strike as the method by which the parties may resolve impasses. In those cases where 80% or more of the positions in a bargaining unit are considered necessary for providing an essential service, the dispute resolution mechanism is to be arbitration. The collective bargaining process is further streamlined through amendments to the provision dealing with essential services. The employer has the exclusive right to determine that a service is essential and the numbers of positions that will be required to provide that service. Bargaining agents are to be consulted as part of the essential services process. The collective bargaining process is also amended by extending the timeframe within which a notice to bargain collectively may be given before the expiry of a collective agreement or arbitral award.
In addition, the Division amends the factors that arbitration boards and public interest commissions must take into account when making awards or reports, respectively. It also amends the processes for the making of those awards and reports and removes the compensation analysis and research function from the mandate of the Public Service Labour Relations Board.
The Division streamlines the recourse process set out for grievances and complaints in Part 2 of the Public Service Labour Relations Act and for staffing complaints under the Public Service Employment Act.
The Division also establishes a single forum for employees to challenge decisions relating to discrimination in the public service. Grievances and complaints are to be heard by the Public Service Labour Relations Board under the grievance process set out in the Public Service Labour Relations Act. The process for the review of those grievances or complaints is to be the same as the one that currently exists under the Canadian Human Rights Act. However, grievances and complaints related specifically to staffing complaints are to be heard by the Public Service Staffing Tribunal. Grievances relating to discrimination are required to be submitted within one year or any longer period that the Public Service Labour Relations Board considers appropriate, to reflect what currently exists under the Canadian Human Rights Act.
Furthermore, the Division amends the grievance recourse process in several ways. With the sole exception of grievances relating to issues of discrimination, employees included in a bargaining unit may only present or refer an individual grievance to adjudication if they have the approval of and are represented by their bargaining agent. Also, the process as it relates to policy grievances is streamlined, including by defining more clearly an adjudicator’s remedial power when dealing with a policy grievance.
In addition, the Division provides for a clearer apportionment of the expenses of adjudication relating to the interpretation of a collective agreement. They are to be borne in equal parts by the employer and the bargaining agent. If a grievance relates to a deputy head’s direct authority, such as with respect to discipline, termination of employment or demotion, the expenses are to be borne in equal parts by the deputy head and the bargaining agent. The expenses of adjudication for employees who are not represented by a bargaining agent are to be borne by the Public Service Labour Relations Board.
Finally, the Division amends the recourse process for staffing complaints under the Public Service Employment Act by ensuring that the right to complain is triggered only in situations when more than one employee participates in an exercise to select employees that are to be laid off. And, candidates who are found not to meet the qualifications set by a deputy head may only complain with respect to their own assessment.
Division 18 of Part 3 establishes the Public Service Labour Relations and Employment Board to replace the Public Service Labour Relations Board and the Public Service Staffing Tribunal. The new Board will deal with matters that were previously dealt with by those former Boards under the Public Service Labour Relations Act and the Public Service Employment Act, respectively, which will permit proceedings under those Acts to be consolidated.
Division 19 of Part 3 adds declaratory provisions to the Supreme Court Act, respecting the criteria for appointing judges to the Supreme Court of Canada.

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. 9, 2013 Passed That the Bill be now read a third time and do pass.
Dec. 3, 2013 Passed That Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 471.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 365.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 294.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 288.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 282.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 276.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 272.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 256.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 239.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 204.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 176.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 159.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 131.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 126.
Dec. 3, 2013 Failed That Bill C-4 be amended by deleting Clause 1.
Dec. 3, 2013 Passed That, in relation to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at 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. 29, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Oct. 29, 2013 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, because it: ( a) decreases transparency and erodes democratic process by amending 70 different pieces of legislation, many of which are not related to budgetary measures; ( b) dismantles health and safety protections for Canadian workers, affecting their right to refuse unsafe work; ( c) increases the likelihood of strikes by eliminating binding arbitration as an option for public sector workers; and ( d) eliminates the independent Canada Employment Insurance Financing Board, allowing the government to continue playing politics with employment insurance rate setting.”.
Oct. 24, 2013 Passed That, in relation to Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 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.

November 7th, 2013 / 11:40 a.m.
See context

Maia Welbourne Senior Director, Strategic Policy and Planning, Department of Citizenship and Immigration

Mr. Chair, members of the committee, thank you for the invitation to speak to you today about the subject matter of part 3, division 16 of Bill C-4.

Mr. Chair, and members of the committee, my remarks will provide an overview of the foundational legislation required to implement a new approach to Canada's immigration system. Based on Australia's and New Zealand's experiences with the expression-of-interest model, also known as EOI, CIC is working with partners to develop a similar system for Canada.

As members of this committee are well aware, the Government of Canada has made the reform of the immigration system an important priority. Economic action plan 2013 and the recent Speech from the Throne announced the government's intention to move to an expression-of-interest model. Along with other modernization initiatives, EOI will be a key component in creating a faster and more flexible immigration system.

The expression-of-interest model is a new electronic, fully automated, application management system that will apply to certain economic immigration streams. Creating the new system requires legislative changes to establish a two-step application process, introducing the concept of a stand-alone expression-of-interest pre-application stage, followed by an application by invitation only to the top candidates. The candidates invited to apply will be those with the right mix of high human capital, ability to work in Canada as demonstrated by an offer of employment, and/or nomination by a province or territory.

It is important to be clear that the expression-of-interest system is not a new program, nor does it replace any existing skills immigration program. The EOI system is a new component within an existing Government of Canada system. It builds on our existing IT infrastructure investment and the global case management system.

Before describing the automated processes that are possible with an expression-of-interest system, I will review EOI's key objectives. Primarily, the introduction of EOI is designed to improve application management. By only issuing invitations to apply to the number of applicants we can process, we will prevent the inventories that accumulated in the past and the associated legal risk. The new system will facilitate the arrival of the candidates best suited to Canada's needs, rather than the first person who applied. Aligning these applications to processing capacity and eliminating time spent waiting in inventories will support faster processing times.

A second feature of this system is its ability to increase the immigration system's labour market responsiveness. Evidence suggests that the selection of skilled immigrants with high levels of human capital, such as higher education, strong official languages skills, and relevant work experience, leads to better economic outcomes both initially and over time. We also know that immigrants who come with an offer of employment in hand have significantly better outcomes than those who come without. The expression-of-interest system seeks to combine the strengths of the human capital model with the benefits of having skilled immigrants arriving in Canada with employment and ready to work. Reducing unemployment and underemployment for permanent resident economic-class immigrants will help improve overall economic outcomes for both the new arrivals and the Canadian economy.

The EOI approach also presents an opportunity to strengthen the role of the provinces and territories in immigrant selection. The government is working with provincial and territorial partners to make EOI a success. Provinces and territories are well positioned to bring the benefits of immigration to their regions through their review and nomination of EOI candidates. The ability of provinces and territories to access EOI candidates through an EOI portal will allow for EOI candidates to be invited to apply to a provincial nominee program.

We are also consulting Canadian employers so they will be ready to consider EOI candidates that meet their skills requirements when the domestic labour force cannot. An offer of employment will play a key role in a decision to issue candidates an invitation to apply. We are working with Employment and Social Development Canada to make linkages to a modernized job bank that can be leveraged for EOI candidates. Private sector job sites are also an available platform for job matching between employers and EOI candidates.

To recap, the key objectives of EOI are to improve application management and reduce processing backlogs, to increase the labour market responsiveness of the immigration system, and to strengthen the provincial, territorial and employer role.

These objectives, as well as improved service standards for processing times, have the potential to transform the economic immigration experience and to provide better outcomes for skilled immigrants. To understand how the EOI system will achieve its objectives, I will now describe the processes involved.

The EOI system will create a two-stage electronic process for managing applications. The first stage of EOI will manage applications through an automated scanning of information provided by candidates.

Prospective immigrants will fill in an online form to express their interest in coming to Canada. The information collected in the EOI form, such as the person's language ability, education, and work experience will make it possible to search, sort, and rank applicants. If potential applicants meet certain minimum eligibility criteria, their EOI will be accepted into the system where they will be given a score and ranked by CIC, and will also be searchable by both CIC and the provinces and territories.

Top candidates, in other words, those with high point scores and/or a qualifying job offer and/or provincial or territorial nomination, can be issued invitations to apply for permanent residence. Only candidates issued an invitation to apply, an ITA, will be able to submit an application in certain economic programs.

The specific design features that will allow EOI to be operational will continue to be refined over the next year in time for launch of EOI in January 2015. Further design work and consultations with the provinces and territories are ongoing. Work with Employment and Social Development Canada is also under way to find linkages to their modernized job banks so employers can source EOI candidates to staff positions not met by Canada's existing labour market.

The expression of interest system will be enabled through a combination of legislative changes and ministerial instructions. The bill before us proposes that a new expression-of-interest division be added to the Immigration and Refugee Protection Act that will allow for a stand-alone pre-application stage as the first step in immigrating to Canada. In addition, this division will include broad provisions outlining the process of EOI, the required information sharing authority, as well as measures enabling a role for third parties, including provinces and territories as well as employers under this new system.

Alongside these new legislative authorities, EOI-specific ministerial instructions or MIs, will provide precision on how EOI will work. Similar to the approach used in Australia and New Zealand, these instructions will include details such as which economic classes will be subject to EOI, the criteria according to which candidates will be ranked, and the criteria for issuing invitations to apply.

The MIs will also set out the type of EOI candidate information that may be shared and with which entities, such as provinces and territories and Canadian employers, as well as any related conditions required for access to that information.

The use of MIs envisioned for EOI is consistent with their current use under section 87.3 of IRPA, in the same way that they have been used to set processing priorities. EOI-specific MIs that detail stable elements of the system will be published in the Canada Gazette and on CIC's website. EOI MIs that require flexible management, including the frequency and volume of invitations to apply, will also be published on CIC's website. This approach will achieve a balance between transparency and the flexibility to administer efficiently and adjust in future phases of implementation.

In conclusion, Mr. Chair, the government has demonstrated a firm commitment to strengthen the immigration system to make it fast and flexible in a way that will contribute to Canada's economic growth and promote positive outcomes for skilled immigrants.

The expression of interest system is a key part of an overall modernization agenda to achieve those objectives for Canada's immigration system.

My colleagues and I would be pleased to answer any questions.

November 7th, 2013 / 11:40 a.m.
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Director General, Passport Program Transition Office, Department of Citizenship and Immigration

Caitlin Imrie

Thank you, Mr. Chair, and members of the committee. My name is Caitlin Imrie, and I'm director general for the transition office at CIC.

Thank you for the invitation to speak to you today about Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, specifically part 3, division 4, related to passports. Following my opening remarks, my colleague Maia Welbourne, Senior Director, Strategic Policy and Planning, will speak to part 3, division 16, related to the expression of interest system.

My remarks outline the technical amendments for the transfer in responsibility for Passport Canada from Foreign Affairs, Trade and Development Canada to Citizenship and Immigration Canada, which came into effect July 2, 2013.

There are two clauses in division 4 that relate to passports: clause 174 and clause 175. Both of these provisions are technical amendments that reflect the transition. The decision to transfer these responsibilities was the result of analysis that showed the passport program was better aligned with the mandate of Citizenship and Immigration Canada, given that citizenship is at the core of the passport program.

As part of the transfer in responsibilities, Employment and Social Development Canada now provides in Canada delivery of passport services, while the Department of Foreign Affairs, Trade and Development continues to provide service delivery overseas.

Changes to the legislation that are included in the budget implementation act include updates to provisions of the Criminal Code and the Department of Foreign Affairs, Trade and Development Act which reflect the transfer in responsibility between departments. The Criminal Code will be amended to link it to the interpretation section of the Canada passport order which now defines passports as documents issued by the Minister of Citizenship and Immigration Canada.

The Department of Foreign Affairs Trade and Development Act will also be updated to reflect the fact that travel documents are now issued by the Minister of Citizenship and Immigration.

I will now turn the floor over to my colleague Maia Welbourne, who will speak to the clauses in division 16 on the expression of interest system.

November 7th, 2013 / 11:40 a.m.
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Conservative

The Chair Conservative David Tilson

Ladies and gentlemen, we'll start the meeting.

This is the Standing Committee on Citizenship and Immigration, meeting number two, Thursday, November 7, 2013.

We are dealing with clauses 174 and 175 having to do with the Criminal Code, and clauses 290 to 293 having to do with the Immigration and Refugee Protection Act of Bill C-4, a second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013, and other measures. I have asked the clerk to distribute to you excerpts of Bill C-4, so you will have those before you.

We have as our guests members from the Department of Citizenship and Immigration: Caitlin Imrie, director general of the passport program transition office; Maia Welbourne, senior director of strategic policy and planning; James McNamee, director of immigration strategies and analysis; and Teny Dikranian, senior analyst to the passport program transition office.

The four of you are here to brief us on these clauses. I believe you have 10 minutes. Then I expect members of the committee would like to ask some questions or make some comments.

November 5th, 2013 / 12:40 p.m.
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Liberal

Scott Brison Liberal Kings—Hants, NS

Thank you, Mr. Chair.

Similarly, we will be voting against this motion. I will be voting against this motion on behalf of the Liberal Party.

The power to vote on these measures is essential. To not be able to not only study at the individual committees but to actually vote at the individual committees I think is a mistake.

It's notable that in this budget implementation act, Bill C-4, we are correcting errors made in previous budget implementation acts. Errors are more likely to happen when Parliament is denied the opportunity to fulfill our responsibilities in terms of the type of due diligence that is required in the scrutinization of legislation. We have seen errors in previous budget implementation acts resulting from this kind of kitchen-sink, omnibus-bill approach, whether it is changing the Supreme Court Act or overhauling the management and labour relations within the public service, as well as all the technical tax changes the Auditor General has recommended be in separate legislation, not as part of the budget implementation act.

The government has determined that this is the course they're going to pursue. Ultimately, we'll register our concern and our objection to this and our opposition to it. I don't think it yields optimal public policy results when we take this kind of approach. It denies the ability for individual members of Parliament from all parties, not just the opposition parties...government members ought to be similarly concerned that they are being denied the opportunity to do their jobs, to fulfill their responsibilities as members of Parliament, and to scrutinize legislation to the best of their abilities.

November 5th, 2013 / 12:35 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Thank you, Mr. Chair.

On this side we're very concerned about this motion. It stems from our concern about Bill C-4 as a whole. This motion, of course, deals with the omnibus budget implementation act, which is, yet again, another attempt by this government to throw several legislative changes into one large bill. Many of the provisions in this bill, which have nothing to do with the budget, are meant to limit time for debate, limit discussion, limit any changes, limit input, and to then pass this through as quickly as possible. Frankly, it's a bad way to make legislation. It's disrespectful to the democratic process.

I do want to say that I agree with Mr. Saxton that there are elements of Bill C-4 that should be debated in other committees, and we can discuss which committees. There are three that are proposed: justice and human rights; human resources, skills and social development and the status of persons with disabilities; and citizenship and immigration.

Yes, there are provisions that should be discussed and debated at these committees, but what is being proposed is that there would be a very, very limited time for review at these committees, and these committees won't have had the opportunity to vote on any amendments or to adopt or reject any parts of this proposed law, because ultimately the bill would all come back to the finance committee. We won't have had the benefit of any of the testimony that had been before the other committees. The power to vote on any amendments and to finally vote on the bill is taken away from the committees that have the expertise and that ought to be looking at these sections of the bill. It's a terrible process. It's a bad way to make legislation.

We want to register our protest. We do not think these omnibus bills should make massive changes by throwing the government's almost entire legislative agenda into one large bill. This omnibus budget bill, C-4, would change over 70 pieces of legislation. Some of it is tax legislation and should quite rightly be before the finance committee. But changes to how Supreme Court judges are appointed? Really? Changes to health and safety protection for workers at banks or airlines? Really? We're dealing with that at the finance committee? It makes absolutely no sense.

We want to register our protest against this format. Our message to the government, once again, is to break up these bills. Send the pieces that affect different committees to the appropriate committees, not only for one or two days of witnesses, but for a thorough review, a normal legislative process. Let those committees discuss, debate, propose amendments, and vote on separate pieces of legislation.

Our message is that we should be breaking up these bills, not cramming all these changes into one omnibus budget bill. We think this is a bad way to make legislation.

Mr. Chair, we will be voting against this motion.

Income Tax ActPrivate Members' Business

October 31st, 2013 / 1:50 p.m.
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South Shore—St. Margaret's Nova Scotia

Conservative

Gerald Keddy ConservativeParliamentary Secretary to the Minister of National Revenue and for the Atlantic Canada Opportunities Agency

Mr. Speaker, it is a pleasure to rise in debate today on Bill C-201, which is sponsored by the member for Hamilton Mountain.

The bill proposes to allow tradespeople and apprentices to deduct from their taxable income travel and accommodation expenses that they incur in order to secure and maintain employment. These deductions would be subject to certain conditions.

I would like to focus on a few reasons why I oppose Bill C-201.

First of all, our government is quite focused on providing support for employees and tradespeople across the country. Second, the bill would be ineffective and inequitable. It would be ineffective because there is no evidence that the proposal would increase the likelihood that tradespeople will travel more for work, and inequitable in that some tradespeople would receive tax relief for work-related travel while other workers would not.

Third, especially during a time of fiscal responsibility, the bill would be very costly and that cost would be significant at this time in our economy. The bill looks nice and has a nice sound to it. It is kind of like a chocolate cake with a lot of icing on it. We look at the icing on the chocolate cake and say it looks tasty, but it really is not good for us. There is no way to square that piece of cake to be good for us.

I will start by highlighting our government's role in supporting employees and tradespeople. I would like to say that the hon. member for Hamilton Mountain did not support any of the legislation that we brought in to support employees and tradespeople. That needs to be noted during this debate. I mean, it is one thing to have a personal preference. It is one thing to have a party bias. I think we all have some party bias in this place. However, it is another thing to ignore good legislation simply because it is the government that brings it in.

Canada's strong economic performance during the global recession has been widely recognized around the world. Although it may not have gotten the same amount of press as other key initiatives, Canada's economic action plan provided key funding to several organizations to stimulate growth and jobs during the recent recession and helped tradespeople and other Canadians find jobs.

Our government knows that Canadian workers are among the best educated and the best trained in the world. However, Canada is facing a skilled labour shortage. In particular, persistent pockets of unfilled positions exist for some skilled tradespeople and professional occupations. The Canadian Chamber of Commerce, for example, has identified Canada's skills shortage as the number one issue facing its membership.

Our government takes this issue seriously. To help Canadians connect with available jobs, in economic action plan 2013 we set out a three-point plan to address these challenges. First, economic action plan 2013 introduced the new Canada job grant, which would provide $15,000 or more per person, including the maximum federal contribution of $5,000, to be matched by the provinces, territories and employers, to ensure Canadians are getting the skills employers are seeking.

Second, the plan would create opportunities for apprentices by working with provinces and territories to examine the use of practical tests as a method of assessment and to harmonize requirements, and by introducing measures that would support the use of apprentices through federal construction and maintenance contracts, investments in affordable housing and infrastructure projects that receive federal funding. Finally, it would provide support to groups that are under-represented in the job market, such as persons with disabilities, youth, aboriginal peoples and newcomers, to help them find good jobs.

These are great initiatives that are directly helping to fill the labour shortages and connect Canadians with jobs. These are all measures that the opposition has voted against. If the member's bill attempts to focus on apprentices and tradespeople, let me highlight some of the measures our government has already taken to support these individuals.

Since 2006, our government has invested nearly $2.7 billion per year to support skills and training programs. We have supported tradespeople with the tradesperson's tools deduction and extended the fees eligible for the tuition tax credit to include those examinations required to be certified as a tradesperson in Canada, thereby encouraging more tradespeople to become red seal tradesmen. With a red seal, they can work anywhere in the country.

Our government has legislated measures such as the apprenticeship job creation tax credit, the apprenticeship incentive grant, and the apprenticeship completion grant. Tax credits already exist for employers and tradespersons, such as the Canada employment credit, the moving expenses deduction, and the special or remote work sites tax exemptions.

That is not all. We understand that education has a big part in this equation as well. We will promote education in fields where there is high demand for employees, including science, technology, engineering, mathematics, and skilled trades. We will help improve educational and labour market outcomes for aboriginal peoples by investing to improve the on-reserve income assistance program and by providing funding for post-secondary scholarships and bursaries.

We will continue to work with the provinces and territories and stakeholders to improve the foreign credential recognition process, thereby enhancing the integration of internationally trained individuals in the job market.

Put simply, our government remains focused on what matters to Canadians—jobs and economic growth and ensuring that Canada's economic advantage today will translate into the long-term prosperity of tomorrow.

Let me now address some of the specific concerns we have with the bill before us.

First, we believe that providing an income tax deduction for job-related travel and accommodation expenses, as proposed under Bill C-201, would make it difficult to ensure that tax relief is not provided for personal expenses that reflect lifestyle decisions. Under the provisions of this bill, expenses incurred by eligible individuals who choose to live more than 80 kilometres from the workplace for personal reasons would quality for tax relief.

Second, the open-ended nature of the proposed deduction would make it vulnerable to unfair tax planning and abuse. For example, individuals could arrange their affairs to claim a recreational property, such as a cottage that is more than 80 kilometres from work, as their principal residence. They could then deduct the cost of maintaining their urban residence as an expense required to secure and maintain employment. That is a serious flaw with this piece of proposed legislation. This is not conductive to a fair tax system, especially as we have just been debating Bill C-4, which emphasizes our government's commitment to a fair tax system for all Canadians.

Third, the bill would raise equity concerns, as eligible tradespersons and indentured apprentices would be able to reduce their tax liability when they incurred eligible travel and accommodation expenses whereas other workers who had to incur similar work-related travel expenses, such as nurses, would not receive tax assistance. This would result in individuals with a similar capacity to pay taxes having markedly different tax liabilities, due solely to occupational differences.

Fourth, it is not clear that the bill would increase travel by tradespersons and indentured apprentices. In fact, for individuals who would have incurred eligible travel and accommodation expenses in any case, the deduction would represent a windfall gain.

Finally, and perhaps most importantly, the cost of the proposal would be significant. Preliminary estimates suggest that providing tax assistance to tradespersons and indentured apprentices for travel and accommodation expenses would cost approximately $60 million per year at maturity. At a time when our government is committed to returning to balanced budgets and eliminating the deficit, this bill, which already raises some concerns, would be extremely costly to the government.

In addition, Bill C-201 would create pressure to extend tax relief in respect of other expenses or other types of employees, at a higher fiscal cost.

Make no mistake. Our government believes in tax relief for all Canadians. Canadians know that when it comes to tax reductions, this government has a long-standing record of significant achievements. By keeping taxes low, our government is allowing Canadians to keep more of their hard-earned money.

In conclusion, this bill is poorly targeted, would subsidize personal choices, and would open the door to unfair tax planning. It would also entail a cost of approximately $60 million per year. It would create pressure to extend tax relief to other work-related expenses at a higher fiscal cost. In addition, our government already provides tax relief and program support for tradespersons and apprentices and tax relief for employees who must incur travel-related expenses in the course of their employment.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 1:20 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I appreciated hearing from the member for Vegreville—Wainwright about his concern for Nova Scotia and Newfoundland and Labrador. I say to him and anybody else in the House to never count out the Atlantic Canada provinces in terms of fulfilling our proper role in this federation.

I want to ask for the member's thoughts on something. New Democrats are particularly happy that Bill C-5 clarifies the rights of health and safety officers to protect work sites and enforce the rights of working people to work in safe and healthy workplaces. However, if we compare that with provisions in Bill C-4 that clearly strip health and safety officers of their powers in the Canada Labour Code and turn them over to the minister, there is a clear contradiction between, on the one hand, trying to clarify and enforce the rights of working people and, on the other hand, pushing them further up the chain to somebody whose interests are potentially contrary to those of people on the floor.

I want to ask the member if he would please try to clarify for me why his government is pushing forward this serious contradiction in terms of the rights of working people.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 1:10 p.m.
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Conservative

Mike Allen Conservative Tobique—Mactaquac, NB

Mr. Speaker, my colleague took a bit of literary licence with what I said. I said that the chief safety officer and safety officers on construction sites could actually do that. It would not necessarily be a worker just deciding that he could do that. A certain appeal mechanism would have to happen.

We have shown a lot of leadership in taking this on and putting it in the bill. Typically, the provincial government has control over occupational health and safety for a lot of workforces. The fact that these are in this bill and we are doing it suggests to me that our government recognizes this is very important.

The complaints of the opposition of what was done in Bill C-4 is just a red herring.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 1:05 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, I appreciated the intervention by the member opposite and his knowledge on the issue of workplace health and safety, his commitment to the principle and how important it is. He referred to the right of workers to shut down a work site if they decided that the performance of that work would place any worker at the site in a dangerous situation. I commend him for that.

I also agree that the bill does outline the duties of occupational health and safety officers and provides these officers with enforcement powers of warrant provisions, inspections and investigation. It does very much clarify those rights.

I wonder if he could clarify something for me.There is a provision in Bill C-4, the budget implementation act, that strips away the right of working people to declare a workplace unsafe, to exercise the right to refuse, and puts all of the power into the hands of the minister. Given what the member said, I think he would agree it certainly is a regressive move. It is a weakening of the rights of working people to determine whether their workplace is in fact safe and healthy.

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 12:30 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I am pleased to rise in debate on Bill C-5. One of the greatest privileges of being a member of this place is the opportunity to create and improve legislation that positively impacts the lives of our fellow Canadians. I believe, in fact, that Bill C-5 is a case in point.

It is not news to Canadians that our country places great economic importance on the development of natural resources. Throughout our history, that has been the case. Forestry products, natural gas, hydroelectricity and oil are cornerstones of our export market and contribute immensely to the creation of jobs for middle-class Canadians. Some of our natural resources are also extracted offshore. In Nova Scotia and Newfoundland and Labrador people know the importance this activity has for their economies.

The offshore sector is, of course, the subject of the bill, specifically the occupational health and safety of offshore workers. Mirror legislation has already received royal assent, in fact, in Newfoundland and Labrador and in Nova Scotia. While the bill is quite large, several hundred pages or more, some observers have noted that it primarily lays down in law things that are already happening in practice. Unfortunately, one issue that the bill does not address is recommendation 29 from the Offshore Helicopter Safety Inquiry led by Commissioner Robert Wells.

The Wells inquiry was established by the Canada-Newfoundland and Labrador Offshore Petroleum Board following the 2009 helicopter crash about 30 nautical miles off of St. John's, Newfoundland. As members may recall, the helicopter was carrying 16 people to work in the offshore fields when it crashed, killing 15 of those workers and the two pilots. Commissioner Wells recommended that a new, independent, stand-alone safety regulator be established to regulate safety in the offshore. In fact, I asked the minister about that idea a little earlier.

The commissioner went on to say that if recommendation 29 was not feasible, a separate and autonomous safety division of the C-NLOPB should be created to deal only with safety matters. Unfortunately, Bill C-5 does not implement this recommendation in either of the ways the commissioner offered as options. I would urge the Conservative government to see if it can address this fact when the legislation is sent to committee, which I think it will be, and amendments are brought forward. If that cannot be done, perhaps it could bring forward legislation soon, working with the provinces involved, obviously, to deal with this.

As Canadians, we are well aware, of course, of the oil sands. Its production, export and environmental impact colours the discourse of the government every day. It is often talked about here in the House, and these days in the U.S. as well. Lesser known but still valuable is our domestic offshore oil and gas industry operating in the coastal waters of Newfoundland and Labrador and Nova Scotia, even though in Nova Scotia there has been a decline in revenues from the offshore in recent years as the production of gas from existing wells declines and with the relatively low price of gas in North America. In fact, in North America the gas level price is about $3 whereas in Asia it is between $14 and $18, so there is quite a variation. That means that there is a little less interest these days in more costly exploration offshore versus production onshore, as is happening a great deal in the U.S.

The offshore industry in Newfoundland and Labrador produced more than 28 million barrels of oil in 2013. In Nova Scotia, offshore production accounts for a significant portion of the province's annual revenue, although it has been declining. The offshore oil and gas industry provides employment for Canadians and security for their families, for thousands of people. My hon. colleague from South Shore—St. Margaret's, for instance, would know this having worked in the offshore. He would also understand that the primary concern of the industry is its own economic viability and success. Meanwhile, as legislators, it is our responsibility to strike a careful balance between the economic success of Canadian business and the rights of employees, and of course consideration for our environment. There are and must be times when these latter two take precedence.

Bill C-5 is one of the many tools to achieve this. Canada is often referred to as a nation rich in natural resources. We must ask ourselves how we should behave when we are labelled in this way, especially these days when there is so much concern about the impact on the environment of the exploitation of natural resources and when we need to have the social licence, whether it be within our country or beyond our borders in the case of the Keystone XL pipeline that has been proposed for example, when we need to have support elsewhere for what we are doing and a recognition that we are making important efforts and doing everything we can to ensure the environment is protected. I do not think most Canadians believe for a moment that the Conservative government has been doing that.

It seems to me that we should also be striving to set an example for other countries by valuing our human capital as much as we value the wealth we derive from our natural resources. The bill is very much about our human capital as we are thinking about the safety and health of our workers.

The bill will in fact effectively solve the issue of jurisdiction surrounding the occupational and operational health and safety in the Canadian offshore oil and gas industry. That is an important thing to do. It is frustrating that it has taken over 10 years to do that. This process has been under way and we have been discussing it a long time.

Nevertheless, for this reason, because it is achieving this, the Liberal Party supports Bill C-5. We believe we need to move the legislation to committee so that it can be studied, and if necessary improved. We certainly look forward to the opportunity to examine the bill, to hear from experts and to consider possible improvements.

The original offshore accords were signed in the late 1980s by Newfoundland and Labrador, and Nova Scotia. They were designed to establish guidelines for revenue and responsibility sharing of offshore oil and gas assets. These assets have since proved to be economically rewarding, especially so in Newfoundland and Labrador, and have supported programs beyond the scope of resource extraction.

Bill C-5 seeks to clarify jurisdictional issues that arise between occupational health and safety and operational safety, to create a streamlined process for rectifying health and safety issues and to assign responsibility. We do not want to have any doubt, when there is an accident in the offshore, about whether it is a matter of federal or provincial jurisdiction. We want to know that there will be clear laws, that the courts will know which laws apply, and that nothing falls through the cracks. We want to know that people are protected and that in the worst case scenario, God forbid there is another accident like the helicopter accident, families seeking redress know where to go, what to look for and what laws apply to them. That is obviously important.

The right to a safe workplace is one that all Canadians must enjoy. It is fundamental for all of us. Those of us who work in this place are very fortunate. We have a very safe environment, at least in terms of actual health and safety. I did not say it was secure, especially when elections come along. Nobody here has job security for more than four years or so.

However, we are very fortunate in the kind of work we do in this job. Generally speaking it is pretty good for health and safety. We do not have to engage in the kinds of work that some people in our country do have to engage in. We can think of that television show Dirty Jobs. There are many jobs in this world that are dangerous and challenging.

This morning as I left my apartment and walked here, the first thing I saw was a new building under construction across the street. I was thinking about the construction workers and the kinds of things they have to learn to work on a site such as that. There are health and safety things they have to learn to know how to operate in an environment where it can be somewhat dangerous. If they back up the wrong way or take the wrong step, they could be in a big trouble on a construction site with a building that is already 10 storeys high, and as I learned this morning, is going to be 22 storeys. That is the kind of place where people want to be careful.

The right to a safe workplace is something the government should keep in mind as it proceeds also with Bill C-4, the omnibus budget bill.

Though a safe workplace is not the reality for all, through the years, governments and parliamentarians have worked with stakeholder groups to improve the conditions faced by Canadians in their places of employment. That, obviously, is incredibly important work. Bill C-5 is an example of these efforts. In this case they are the efforts of the provincial and federal levels working together, which is nice to see. It is our collective responsibility, whether as a legislative body, employers or employees, or society as a whole, to ensure that the right to a safe work environment is respected. It is absolutely vital.

Conditions for employees on offshore drilling projects should be comparable to those found on land-based projects. There is no question that a drilling rig, whether offshore or onshore, can be a very dangerous environment. My brother at one time worked on offshore oil rigs, and I have certainly heard stories from him about the nature of them and what he had to learn before he could work there, especially if the work was around the equipment that was the most dangerous.

The mode of transportation to their work site should be safe and reliable. Think about the helicopter accident. Employees of the oil and gas sector offshore and their families should be able to leave for work with confidence that they will be returning safely home. They should be able to voice their concerns about unsafe working conditions when they find them without fear of reprisal or the frustration of drawn out and murky processes. It is important that the processes be clear and expedient.

It is our job to transform these topics of concern I have just listed into topics of confidence. Employees and their families can be confident that what is proposed in Bill C-5, as far as it goes, would improve the health and safety regimes of offshore oil and gas projects. It is up to us to decide by how much.

Members of our party believe that we need to ensure the separation of health and safety concerns from those of production and economic viability. They are two different things. We want to make sure that sometimes, when necessary, those health and safety concerns are paramount, as they ought to be.

Bill C-5 should guarantee that the proposed chief safety officer has powerful methods of inquiry to hold operators to account. A regime of self-regulation would be insufficient. I have already said that we do not think that the chief safety officer approach is necessarily ideal. There are others Commissioner Wells recommended, but since that is what we are going with, let us try to make it as strong as possible. The chief safety officer must not be influenced in decision-making by concerns of economic viability or by political pressure, obviously. This individual must be a champion of a healthy and safe environment for all employees who work on offshore oil and gas projects.

The Liberal Party places great emphasis also on search and rescue capabilities, or SAR, as it is called. This is a core element of the health and safety regime in the offshore industry.

The spring 2013 report of the Auditor General outlined significant issues regarding search and rescue capabilities, including a complete lack of federal policy in this area. The Attorney General is rightly concerned about the viability of search and rescue capabilities in the coming years and about the risk of leaving employees in the offshore sector with inadequate assistance in the case of major emergencies.

Bill C-5 includes guidelines on the safe transport of workers to and from the offshore site. It should also include a procedure for rescuing these individuals should something go wrong. This should be included in this legislation, it seems to me.

The unique challenges of the offshore oil and gas industry must be met by a complete and thorough plan of response. Bill C-5, as I said earlier, is the product of over a decade of negotiations and consultations among the federal government, the provincial governments of Newfoundland and Labrador and Nova Scotia, and stakeholder groups. A decade is a long time. Really, it is excessive. I would hope that future negotiations would move more quickly. If the Conservatives, at least while they are the government, will take this seriously and move quickly, along with provinces—

Offshore Health and Safety ActGovernment Orders

October 31st, 2013 / 10:25 a.m.
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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I wonder if the minister could comment on the fact that the bill provides a safety regime in legislation for the offshore for the first time, but we also have before the House Bill C-4. This is a 300-page omnibus bill amending over 70 pieces of legislation, one of the provisions of which strips the health and safety officers in regimes and jurisdictions across the country of their powers and puts nearly all of those powers in the hands of the minister. On the one hand the legislation purports to give authority to the C-NLOPB and the offshore safety regulation, and on the other hand, Bill C-4 takes it away.

Could the minister explain why the government is doing that and why it thinks the health and safety of workers throughout this country is so malleable in its hands?

Economic Action Plan 2013 Act No. 2Government Orders

October 29th, 2013 / 5:10 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, it is my pleasure to stand and speak to Bill C-4 today, the last speaker before we vote on this.

Yesterday I heard a lot of discussion from both sides of the House. I want to take a couple of minutes to explain exactly what we are doing here. This is a budget implementation bill. It is the second one. We have one in the spring and one in the fall. It is the traditional way of doing things. We have a budget, and out of that budget, we have to implement what is going on in the budget. That is what this bill does.

I am the 69th speaker to this item. Twenty-two percent of members of the House have spoken to this implementation bill thus far. This is at second reading stage. Then the bill goes to committee, and committee studies the bill. It calls witnesses, has a discussion, and more members of Parliament have an opportunity to comment on the bill. Then the bill comes back to the House for report stage. Then there is another set of speakers to this. Then there is third reading.

More than half the members of the House of Commons have an opportunity to speak to the bill. That is a significant amount of input and debate on this implementation bill.

I have heard over and over about there not being enough time, about closure motions, and about time allocation. The reality is that the public expects us to get things done for them. That is what we are doing here, and that is what the implementation bill does.

I hear about the omnibus bill. The bill is 309 or 312 pages, French and English. I know that I can read 150 pages. I am making the assumption that the opposition members can read 150 pages. I cannot read it in French. I wish I had that talent, but I do not. I do not think there is anything in the bill we need to complain about in terms of there being so much in it that it cannot be understood. Those are not the facts.

We on this side will do our homework. We will do the job we need to do to get things done for Canadians and move things forward. There are many good pieces in this bill. If members do not want to read the whole bill, there are summary pages at the front. In the summary, the very first item is to increase the lifetime capital gains exemption to $800,000 and to index it to inflation. For the first time, it would be indexed to inflation.

We are giving small businesses the opportunity to create jobs and create wealth for them, their families, and their communities. They get to keep it after they have done their jobs. They pass that on to the next generation. They sell it to the next entrepreneur, and they keep building this country through jobs and economic activity. We support small business. We support entrepreneurs, and that is what the implementation bill does. I am very happy that we are getting it done.

Tonight we are voting on it. We will get it to committee and will get it back in this House. Hopefully we will get it passed by Christmas so that people can continue to create good-quality jobs for this country and for our youth, and we will continue to build a great Canada.

Economic Action Plan 2013 Act No. 2Government Orders

October 29th, 2013 / 5:05 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank my hon. colleague from Kingston and the Islands for raising the importance of what we find at division 10 of Bill C-4.

When we are dealing with omnibus budget bills, there is scant attention paid to the multiple ways in which the legislation would impact on dozens of pieces of legislation.

I would ask about these changes to the National Research Council. They are obviously not intended to save money. They would reduce the scope of the work of the National Research Council in terms of the expertise upon which it can draw. However, the member failed to mention one of the other changes that has been brought about by this administration, which was the elimination of the position of the science adviser to the Prime Minister. It was recently outlined in a book by Chris Turner, The War on Science.

What does my hon. colleague make of this effort to undermine access to good advice from those who are qualified to offer it in areas of scientific competence?

Economic Action Plan 2013 Act No. 2Government Orders

October 29th, 2013 / 4:55 p.m.
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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, I was going to focus on a very particular part of BillC-4, but since this is a chamber of debate I feel I should address the very last remarks of my Conservative colleague across the floor.

This is not the first time I have heard Conservatives use the word “professor” in a very derogatory manner. In fact, the first time I encountered that was at all-candidates debate in the 2008 election. The Conservative candidate referred, very derisively, to Professor Dion.

I am sorry; I forgot the member for Saint-Laurent—Cartierville is still here.

This shows the attitude that the Conservative party and the Conservative mind have towards education, towards learning, and towards respect for an inquiry toward the truth. I feel I have to point this out, because the member opposite clearly intended to insult Liberal Party members by calling us the professor party; well, I am proud to be part of a party that thinks about facts and evidence and is occasionally humbled by facts and evidence.

Canadians need to know that the Conservative Party is the party that does not value education, does not value learning, and is essentially willing to insult teachers. I have to start my remarks with that rebuke. Canadians need to know what kind of party this Conservative Party is.

I have three post-secondary institutions in my riding of Kingston and the Islands: the Royal Military College of Canada, Queen's University, and St. Lawrence College. I know that all of the professors and their students would be insulted by the remark of my colleague across the way.

Let me now talk about a particular part of Bill C-4. I am referring to the changes that will be made to members of the National Research Council, the council members who serve in an advisory capacity to the management of the National Research Council.

In Bill C-4, the composition of the council is going to be reduced from 18 members plus a president to 10 members plus a chairperson plus a president. What I would like to do today is simply ask the question “Why?” That question has not been answered in the legislation. The change appears in the legislation, but there has really been no supporting argument from the government for making this change.

I want to talk about why this should not be considered a trivial change. These are not salaried employees. Some members, as I checked the record, thought scientist employees were being cut from NRC, but these are experts who are meant to guide the management of NRC in planning for its future.

What we need to do is ask why the opportunity was not taken in Bill C-4 to, for example, establish some rules on replenishing the membership of the advisory council, to consult with them, and to put in place some guidelines on how to choose members.

Members may not know that only 5 of the 18 spots on the council are filled right now. This is a very strange thing, given the enormous changes happening at NRC. Later I will talk about that a little more.

One thing that the bill we are discussing today could have done is provide some guidelines on how to choose these council members. For example, we might want to have three sets of criteria: first, knowledge of research, innovation, and commercialization; second, the personal experience, accomplishments, and integrity of the person; and third, diversity in the composition of the National Research Council members.

This is a time of big changes, so this expertise is very necessary. The Conservative Party seems to believe in less governance and less consultation. It is very comfortable with less governance and less consultation.

Why should the management of NRC consult? Let me mention the report of a task force commissioned by a former Progressive Conservative government in 1987. In the report, the task force told the Mulroney government that it would be foolish for NRC management not to take advantage of the real and wide expertise found within the members of the council. That council would be the consultative body of potentially up to 18 members.

Why does this Canadian national institution need a large consultative body? The reason is twofold. One is that we are a very diverse country regionally, and NRC is supposed to serve this very diverse country. There is a part of NRC called IRAP, the industrial research assistance program. A web of industrial technology advisors across the country works with small companies to help them develop and commercialize their technology, connect with partners, get funding, and get the people they need to succeed. It is clear that NRC serves all of Canada and should be very sensitive to the large regional geographic diversity we have in our country.

In addition, NRC aspires to serve a large range of disciplines and sectors of technical capability. For example, it is involved in astronomy, metrology, security, aerospace, construction, health, and ICT. NRC is responsible for an enormous range of scientific disciplines and technologies. Therefore, it makes sense that its consultative body should reflect the broad range of technical capabilities NRC aspires to. This is something Bill C-4 could have tried to put in place but did not.

Let me also talk about why this is a special time for NRC and why a consultative body would be very important. It is a time of great change at NRC. In fact, NRC has never undergone such a great change. We know that there used to be institutes at NRC. They have been completely restructured into R and D portfolios with individual programs inside that have to get business plans approved through a four-step process. We know that this approval process has been very slow, probably too slow for the comfort of the Minister of State for Science and Technology. Certainly it has been too slow for the morale of the scientists and researchers at NRC.

We know that morale has been severely tested at NRC. We receive messages all the time from people who work at NRC. We even know that there was an online survey on the internal NRC website that showed how low morale was and how dissatisfied workers at NRC were. This is a time of extreme stress at NRC, and it is important to have that consultative body.

I might just throw out a question to the government to ask if a second pair of eyes checked out the idea of sending Tim Hortons cards to employees. Some went to employees who had lost their jobs.

In conclusion, this is an important time for NRC. This is an opportunity to make sure that NRC is fully consulting with the diverse geographic and disciplinary range it aspires to. This is a time when the NRC council could be strengthened and used to provide good advice to the management of NRC as it attempts this very ambitious transformation. It is a transformation that we know has had some problems. It has been a bit slow and has caused morale to suffer at NRC. The government has missed an enormous opportunity.

Economic Action Plan 2013 Act No. 2Government Orders

October 29th, 2013 / 4:25 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, in order for politicians to get through their very long days and heavy schedules, they have to take some pleasure in what they are doing. I must admit, however, that I did not enjoy reading Bill C-4 at all.

I therefore took a few minutes before writing these words to escape into my own mind a bit, and my thoughts turned to movies. I really had the feeling as I read through Bill C-4 that I was being shown an old movie—I am trying to refrain from saying a really bad one—in which I had played a role. I began to imagine the titles I could give to it.

If it were a French film, we could call it Rebelote. If it were an American film, we could call it The Empire Strikes Back. I must admit I spent a few moments imagining certain members of the party across the way wearing the emperor's costume or dressed as Darth Vader. I will not name them, but I will leave it up to my colleagues to picture them, given that Halloween is this week.

After these few amusing moments I allowed myself, I came back to more serious things and thought I would perhaps begin my speech with a reference to the words of the anti-slavery Republican President Abraham Lincoln, who defined democracy in the following way:

Democracy is government of the people, by the people, for the people.

That is quite simple, but quite concrete. I will not analyze this wonderful definition in detail, but the more time goes by under the Conservative regime, the more certain I become that our country is straying dangerously far from that democratic ideal.

When day after day I see how the members of this government, the Prime Minister's Office and the Prime Minister himself seem mired in expense scandals, questionable deals made behind Canadians' backs, the silencing of dissident voices and the introduction of measures that are so complex that people feel their basic rights are being breached, I sincerely worry about the very future of our parliamentary system.

For the fourth time in two and a half years, this government is trying to circumvent parliamentary and public oversight. As the saying goes, just the once will not hurt, but four times in two and a half years means it is becoming a habit for this government.

Canadians deserve better than a Conservative omnibus bill that again hurts Canadian families by increasing the cost of living and that creates very few or no jobs when all is said and done. This bill is very big. Its 300-odd pages cover 70 acts, and we have only a few days or a few weeks, to study such a bill. The entire package will very likely be studied by the Standing Committee on Finance, which must really have significant expertise in appointing Supreme Court justices, employment insurance and immigration. The committee members are exceedingly multi-talented.

I often wonder what I am doing in the House, if not fighting for democracy. These bills are so huge that it becomes very difficult to properly analyze and fully understand them. They usually contain an alarming number of wide-ranging measures intended to hide other controversial ones, such as the measures attacking Canada's public service.

For months now, the government's methods and attitude when it comes to employment insurance matters have been symptomatic of the Conservative ministers' inability to implement a policy and measures to move the country forward. These same ministers are being given more and more power with each omnibus bill.

The democratic process that is based on dialogue and collaboration was so violated that the reform turned into a hatchet job. Everywhere I go, Canadians feel attacked, deeply hurt and, worse than anything, poorer. When people feel poorer, it is because they can see it when they manage their weekly budget.

This is why we as NDP members are categorically opposed to this bill. The reasons are many, but I am going to focus on several points that deal specifically with employment insurance.

The NDP has opposed this reform from the outset. After months of consultation in the field, we came to the obvious conclusion that employment insurance reform is an economic failure and it has to be stopped as quickly as possible.

Curiously, in the provinces most affected by the reform, it is the provincial governments that now have to work to assess the disastrous consequences it brings. That is co-operation for you.

It does not make any sense. It is disrespectful for a federal government to refuse to work with its partners in other levels of government, or with practically all the members of this House. Even inside the federal government, voices are being raised to decry the way in which the government is imposing its ideology on such a sensitive issue.

I have given up counting the times when federal officials, who have always worked to serve their fellow Canadians, have shown their distress and their incomprehension at the authoritarian and brutal methods with which they are required to process claimants' files.

Unfortunately, these are not just files that have to be processed with profit-making quotas, probably. These are families that need help. That is the approach that the public service used to have. It is about supporting communities and stimulating the economy.

Bill C-4 follows the same path as the three previous omnibus bills. I am talking about Bills C-38, C-45 and C-60. Now Bill C-4 is amending 70 pieces of legislation and adding two completely new acts. I hope for the next time that this is enough. It also includes such measures as the one to abolish the Canada Employment Insurance Financing Board.

To be specific, Bill C-4 abolishes the Canada Employment Insurance Financing Board and gives the Minister of Finance the power to manipulate rate-setting. Yet another power gathered unto the bosom of a minister. What does the Canada Employment Insurance Financing Board do, or what is it supposed to do? Well, surprise, surprise, the answers in the bill are quite vague. We might say that there are none.

When the Conservatives set up the Employment Insurance Financing Board in 2008, we might have thought that they were headed in the right direction. We heard it said repeatedly in the House that this was probably a step in the right direction. However, one step forward, two steps back—that is what we have become used to with them. We thought that it might be the very tool to prevent successive governments from stealing employment insurance funds to eliminate other deficits. We expected the board to really prevent another misappropriation of that fund such as we saw under the Chrétien and Martin governments.

At that time, tens of billions of dollars in worker and employer premiums were simply stolen by the government. However, when it comes to the Conservatives, appearances can be deceiving and should never be trusted. The board remained a good intention, but in actual fact it is an empty shell, an institution without a soul, without powers and without purpose.

Let us go a bit further. The Employment Insurance Financing Board seems to bother the Conservative government. Why is this organization so bothersome? Why does it want to abolish it?

By eliminating the Canada Employment Insurance Financing Board, once again the government is toying dangerously with morality. However, we feel it is essential to guarantee the protection of the premiums paid by employers and workers throughout Canada. It is a matter of social justice and fairness for all. Who among us can be sure that he or she will have a job for life and will never have to turn to employment insurance? The answer is simple—no one can.

Why continually attack those who are looking for work? Why does the government constantly attack those who are having trouble finding long-term, stable, permanent employment?

In conclusion, unemployment is of course a major concern for NDP members. We will introduce reforms to create jobs and curtail employment uncertainty everywhere in Canada as early as 2015, and even earlier.

In 2015, when we replace this tired government that is mired in scandals, we will restore a mechanism to protect the employment insurance fund so that the money that is put into it is used in the way it was intended.