Bill C-4 (Historical)

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

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.

Offshore Health and Safety Act

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

moved that the bill be read the third time and passed.

Mr. Speaker, I am very proud to add my voice to support this worthy legislation.

If there is one thing our government has been crystal clear about when it comes to energy development, it is that public health and safety and environmental protection are paramount. This is the very essence of reasonable resource development.

There is no question we are determined to create high-quality jobs, economic growth, and long-term prosperity for all Canadians, and the energy sector has certainly delivered that to Atlantic Canadians in recent years.

Since the oil and gas industry began operating offshore in Newfoundland and Labrador in the late 1960s, the region's economy has been transformed. In 2010, the industry generated wages, salaries, and benefits worth $291 million in the province of Newfoundland alone. Not only does the sector clearly make a major contribution to the livelihoods of workers, but it also improves the standard of living of all residents in the region, and there is also no debate that we recognize that it would be irresponsible to promote development without the assurance that the health and safety of our citizens and the protection of our environment will be fully addressed. That is precisely what Bill C-5 is designated to do. It would better safeguard Atlantic offshore oil and gas workers.

The Canadian Association of Petroleum Producers reports that over 5,000 individuals are currently employed in the oil and gas industry in Newfoundland and Labrador. Almost 1,000 more work in Nova Scotia's petroleum sector, and the potential is great for even more jobs and economic growth in the near future. Recent offshore oil and gas discoveries are bringing a new wave of activity into the Atlantic provinces.

There is all the more reason, then, for Bill C-5. Workers in the industry need to be protected, given the dangerous conditions associated frequently with their jobs.

Under the Canada Labour Code, workers are protected from hazards in the workplace. This protection includes the fundamental right to refuse dangerous work. As was underscored by the tragic March 2009 crash of Cougar flight 491 ferrying oil workers to offshore rigs and by the catastrophic sinking of the Ocean Ranger oil rig in 1982, worker safety must be job number one.

I can assure the House that our government is committed to ensuring the health and safety of Canadian workers and the protection of the environment. That is why we are introducing this new regime for Atlantic offshore workplaces.

Before outlining these improvements in detail, let me first explain where the federal government fits in this picture.

The Government of Canada shares responsibility for the management of the offshore with the Governments of Nova Scotia and Newfoundland and Labrador. These responsibilities are laid out in bilateral accords with each province, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada-Newfoundland Atlantic Accord Implementation Act.

Canada's Atlantic offshore oil and gas industry is regulated by the Canada-Nova Scotia Offshore Petroleum Board, as well as the Canada-Newfoundland and Labrador Offshore Petroleum Board. These boards ensure that operators and drilling contractors comply with the requirements of their respective implementation acts and exercise due diligence to prevent spills in Canada's offshore.

The Atlantic accords have been in place since the 1980s and are no longer sufficient to reflect contemporary requirements. They require modernization. The labour program, along with representatives from Natural Resources Canada, provincial energy and labour departments, and the provinces' offshore petroleum boards have identified and agreed to key areas for improvement.

First, the legislation places authority for occupational health and safety within the accord acts. If adopted, this legislation would establish an occupational health and safety framework within the Atlantic accord acts.

The new regime would apply to worker safety on-site at offshore rigs, as well as to workers in transit to or from offshore platforms.

The new regime would apply both to worker safety on site at an offshore rig as well as to workers in transit to or from an offshore platform. It would be jointly overseen by the Minister of Natural Resources and provincial occupational health and safety ministers for Nova Scotia and Newfoundland and Labrador.

It would be enforced by their individual offshore petroleum boards.

The boards would be responsible for verifying that companies have adequate plans in place to protect their employees and to avoid dangers. This includes everything from ensuring the safe handling of hazardous materials to proper procedures related to the operation of equipment and managing facilities. Using audits and inspections, we would confirm that all applicable health and safety requirements were met and demand correction if deficiencies were found. As well, the boards would be granted increased authority, such as enforcement powers for occupational health and safety officers.

These include the powers of inspection and investigation, warrant provisions and creative sentencing measures in case of dangerous situations.

Under Bill C-5, the Minister of Labour would provide ongoing federal labour expertise, such as the development of regulations, the issuance of directives to the boards, and recommendations on the appointments of special officers.

Special officers would be appointed to avoid a serious, imminent risk to the health and safety of offshore workers.

Such a scenario would proceed following joint approval and appointment by the pertinent provincial ministers and the Minister of Natural Resources, following a recommendation by the Minister of Labour.

Along with the Minister of Natural Resources, the Minister of Labour would also co-appoint six members of a 13-member advisory council to be made up of employers, employees, and the two levels of government. The council would provide a forum for the exchange of ideas about occupational health and safety issues to ensure the effectiveness of this legislation.

Bill C-5 also introduces consequential amendments to part II of the Canada Labour Code. In the event of an accident, the bill would extend the time limit to launch a prosecution from one year to two years, consistent with the occupational health and safety legislation in many provinces. The Minister of Labour would also have the right to disclose information to the public regarding occupational health and safety.

The amendments would also give the Minister of Labour the authority to share information with federal and provincial government departments as well as with international organizations if the minister deems it to be in the interests of occupational health and safety or in the public interest overall. This would make it easier to share information during a coroner's inquest or a provincial prosecution. I want to be clear, however, that personal information would continue to be protected.

I should point out several minor amendments to the legislation since it has been debated at second reading.

Most amendments are technical in nature, such as putting the word “Canada” in the title of the regulations and renumbering the subtexts of the act that were incorrectly numbered.

Some were needed to harmonize federal and provincial legislation. For instance, we had to replace the provincial “Occupational Health and Safety Act” in Nova Scotia with the correct new name of its Labour Board Act, as this province has amended its legislation recently. Federal and provincial legislation obviously must mirror each other.

Several amendments were required as a result of Bill C-4, the second budget implementation act, and changes to part II of the Canada Labour Code.

The changes proposed under the Canada Labour Code would make coordinating amendments. “Minister of Labour” would now replace the terms “health and safety officer” or “regional health and safety officer” to reflect the minister's authority to delegate powers, duties, and functions previously conferred to health and safety officers. Let me be clear that through the delegation process, decisions will continue to be made by health and safety officers with the necessary expertise.

Coordination is required around the protections within the code regarding the minister giving testimony in civil proceedings, and these amendments now refer to “civil and administrative proceedings”, which include arbitration hearings.

The improvements I have outlined respond to input received in extensive consultations in 2010 and 2011. The provinces and industry and employee groups have all expressed strong support for the changes we have proposed. They have done so because they recognize that these changes would ensure that Canada's offshore industries will operate safely and to the highest environmental standards.

Bill C-5 would create a modern occupational health and safety regime that is relevant and responsive to today's offshore oil and gas reality, and, most importantly, it would provide robust protection for Canada's oil and gas workers, ensuring their safety and health in the workplace.

Thousands of Atlantic Canadian workers are looking to us to ensure their well-being and continued prosperity. Therefore, I urge all parties to support the bill and make these amendments the law of the land.

Motions in amendment

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I am pleased to speak on behalf of many people who would have liked to speak to this bill. I will try to use my time wisely tonight to share with the House both my point of view and that of a union that is close to my heart. I am fortunate to be the NDP deputy critic for public safety. It being such a large file, one that includes police services, the RCMP and federal penitentiaries, I have the opportunity to meet exceptional people who work day in and day out to keep us safe. I salute them.

I salute the Union of Canadian Correctional Officers, the UCCO-SACC, which does outstanding work every day to protect us and to make our communities, our cities and our towns safe. Their work is incredibly important for public safety because they ensure that we are safe and that those detained in our prisons are as well. These people put their lives on the line every day. I work closely with them to ensure that their voices are heard in Parliament and that we understand what they face on a daily basis.

Until recently, there were three federal penitentiaries in my riding of Laval: the Leclerc Institution, the Montée Saint-François Institution and the Federal Training Centre. Unfortunately, as a result of a Conservative government decision, the Leclerc Institution was shut down last year. We still do not understand why, though, because there was a need for it, especially in light of the implications of Bill C-10, the omnibus bill implemented by that same Conservative government.

These people are incredible workers. I worked closely with Diderot at the Leclerc Institution, who is now at the Federal Training Centre. I often work with Michel and Manon, the union representatives at the Montée Saint-François Institution and the Federal Training Centre. I know that they work hard to keep us safe. A lot happens inside our prisons that goes unmentioned. No one talks about double-bunking, which puts the work and lives of our correctional officers in danger every day. No one talks about workers' safety, the new workload resulting from the implementation of Bill C-10, the restrictive measures or the budget cuts in our federal penitentiaries. That affects them greatly.

I would like to point out that “federal penitentiaries” means “federal employees”. Bill C-525 affects them directly. I would like to quote their position on Bill C-525:

Bill C-525: an attack on union democracy. Bill C-525 is the [Conservative] government's attack on the very existence of unions in job sectors governed by the Canada Labour Code, including the federal public service, which governs the job rules for 800,000 Canadian workers. Dressed up as a way to increase union democracy by the party that brought us robocalls, voter suppression, election-expense violations and the Senate scandal, the bill in fact does exactly the opposite.

I could not agree more with the UCCO-SACC. They go on to say:

[The] Conservative MP [for] Wetaskiwin introduced the so-called Employee’s Voting Rights Act as a private member’s bill...

Important to note is the fact that private member’s bills are not subject to constitutional verification by Justice department lawyers—as are government bills—to see if they conform to the Charter of Rights and Freedoms. This is no doubt one reason why the [Conservative] government prefers to introduce oppressive legislation of this sort via private member’s bills.

In the case of Bill C-525, [the Conservative government] is attacking our fundamental right of association by making certification of new unions much more difficult, and conversely, the decertification of existing unions much easier.

The bill does so by adding another, unnecessary, step to the tried-and-true method of the card-check system, which opens the process up to employer intimidation. The government’s anti-democratic habits come to the fore in this part of Bill C-525. It will only require a minority of members (45%) to initiate a decertification vote overseen by the Canada Labour Board, which, you will recall from a previous tract, will now be politicized under Bill C-4.

Incredibly, Bill C-525 flies in the face of basic democratic principles by requiring that 50% plus one of all employees [and I would like to add that the principle of 50% plus one forms the very foundation of our society in our electoral system], not just those who participate in the ballot, vote in favour of the union. In other words, those who choose not to vote, or who are unable to vote, would be counted as votes against the union in certification or decertification votes.

It is incredible to think that a piece of legislation would determine the meaning of the votes of people who do not vote or who cannot be present to vote for some reason or another. In a federal, provincial or municipal election, when someone does not vote, it does not mean that he or she is voting for someone; it simply means that he or she did not vote. This decision is appalling. My quote continues:

Those who are ill, vacationing or have family emergencies may be in favour of having a union, but will be considered as No votes.

This legislation is only one part of a series of attacks by the [Conservative] government intended to weaken the labour movement and the ability of workers to organize themselves in their workplace. The process of signing membership cards is the best way to protect workers from the pressure tactics of some employers. To impose a vote is to open the door to threats and intimidation. Studies have demonstrated that the government’s proposed process leads to a 10% to 20% decrease in union membership where it has been adopted.

I would like to thank all UCCO-SACC members across Canada. I would especially like to thank the Laval members, whom I know very well: union representatives Manon and Michel. They are doing an incredible job of standing up for workers' rights and the safety of their workplace.

All three of us talked about this at length. I know that they strongly oppose this bill. I am proud to be their voice in the House today. It is incredible to think that a government like the one opposite, which constantly says it wants to protect our communities, is not helping the workers in federal penitentiaries. That is ridiculous.

I am going to talk about more than just the fact that this is going to affect conditions for unions in federal detention centres. Bill C-525 touches on other aspects. I would like to cite some statistics for my colleagues opposite that might change their minds. Perhaps they will vote against Bill C-525.

Better wages negotiated by unions inject approximately $786 million into the Canadian economy every week. That is a lot of money. If we have so much money pouring into the economy, it is because of workers who got together and decided to form a union. I would like to thank them today.

Furthermore, as a woman, I am proud to say that unionized women make $6.65 more per hour than non-unionized women. That is huge.

I know that my colleague from Rosemont—La Petite-Patrie wanted to talk about the World Bank, but unfortunately did not have the time to do so in his speech. Therefore, in closing, I will talk briefly about the World Bank and its views on unions.

The World Bank has pointed out the positive role unions play in domestic economies. In a 2002 document based on more than 1,000 studies of the impact of unions on domestic economies, the World Bank found that a high rate of unionization led to greater income equality, lower unemployment and inflation, higher productivity and a quicker response to economic downturns.

We should all vote against Bill C-525, which is clearly an insult to workers' rights.

Energy Safety and Security Act

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, as my hon. colleague may well know, we just finished a study and are now looking at Bill C-4, which is the offshore health and safety act. We certainly did hear from Mr. Wells, and our government takes the recommendations of the Wells Inquiry very seriously. We are satisfied with the improvements to offshore helicopter safety made by the C-NLOPB since the accident occurred. We continue to work with the Province of Newfoundland and Labrador to ensure the offshore area is as safe as possible.

When Commissioner Wells appeared at the Standing Committee on Natural Resources in December, he was clear when he said he was pleased with our offshore health and safety legislation. He was also very clear that good has come out of the government's adoption of his recommendations.

I would advise my colleague opposite to read the transcript of the meeting and inform himself of Commissioner Wells' position on what our government has done in dealing with the recommendations he made.

[Brenda Baxter]

Proposed subsection 144(1.1) is the change in Bill C-4. That's the clause referred to as a result of Bill C-4. So the change that we're referring to is to provide officers the ability to make representation at other types of administrative hearings. That could include arbitration hearings, at which they are not permitted to make representation currently.

[Brenda Baxter]

This amendment does two things. It coordinates with Bill C-4, but it also includes a consequential amendment to the Canada Labour Code to include the ability for delegated officials to make representation at civil and administrative hearings.

[Geoff Regan, Liberal, Halifax West, NS]

I have a couple of things, Mr. Chair.

First of all, has Bill C-4 not already passed both the House and the Senate, and has it not already received royal assent?

[Brenda Baxter]

As with the previous amendment, these consequential amendments to the labour code were put forward in the last session of Parliament. Since then, Bill C-4 has come forward and made some changes to the Canada Labour Code. The amendment we're making here is to include “administrative proceedings”. That is the consequential amendment to the Canada Labour Code that's being made here under Bill C-5. But in addition, because Bill C-4 passed and made some adjustments, this also requires a coordination with the wording under Bill C-4.

[Jeff Labonté]

We could read the exact language that's in Bill C-4, which has already passed. We could read the exact clauses, or show them on the iPad, if someone wants to see them, to demonstrate that this is a mirror of that and that it is being imported into this particular piece of legislation for consistency purposes.

[Brenda Baxter]

The changes are to provide coordination with the changes that came about under Economic Action Plan 2013 Act No. 2. Specifically, those amendments removed the reference to health and safety officers and replaced them with the term “delegated” officials, so the changes proposed here under the Canada Labour Code are making that same sort of coordinating amendments. They're removing the reference to health and safety officers and replacing it with a reference to delegated officials.

As well, the coordination is required around the protections that are provided to the minister and that exist within the Canada Labour Code with regard to a minister giving testimony in, as it says currently, civil proceedings. These amendments refer to “civil and administrative proceedings”, which include arbitration hearings. It's that one change to make that same reference so that “[t]he Minister shall not be required to give testimony in civil or administrative proceedings, other than proceedings under this Part” of the Canada Labour Code.

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

The explanation for government amendment 10 is as follows.

First, this motion seeks to delete the current clause 120 of the bill, pages 261 and 262, as those provisions were achieved through the amendment of clause 88. That was achieved in the motion under government amendment 5. The full text of this motion also includes changes necessary to coordinate with amendments to the Canada Labour Code, which were included in Economic Action Plan 2013 Act No. 2.

This motion seeks to coordinate amendments made by Economic Action Plan 2013 Act No. 2—to replace the references to “health and safety officer” with the reference to “delegated” officials—with that act's amendments to the disclosure of information provisions in the Canada Labour Code. Those amendments ensure consistency with the disclosure information provisions developed for the offshore.

Economic Action Plan 2013 Act No. 2 added new proposed subsection 144(1.1) to provide the Minister of Labour with similar protections as those covered under proposed subsection 144(1). A coordinating amendment is therefore necessary to ensure consistency and, more specifically, to add the concept of “administrative proceedings” to proposed subsection 144(1).

The amendments in this motion neither conflict nor overlap with those from Economic Action Plan 2013 Act No. 2.

Are there any comments or more explanation from our witnesses? Would that be possible?

[Bradley Trost, Conservative, Saskatoon—Humboldt, SK]

Government amendment 8 is required to change the reference to the Department of Human Resources and Skills Development Act to its new title, the Department of Employment and Social Development Act.

The title of this act was amended in the Economic Action Plan 2013 Act No. 2. This amendment is required in clause 94 on page 250.

Bilingualism in Canada's Legislative Process

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, this is the first time that I have risen on a question of privilege, and I am somewhat saddened to have to do so.

I care deeply about official languages. I rise today in the House to follow up on a recent incident by raising a question of privilege that warrants an official response. I believe that the Speaker is best equipped to deal with this matter.

Questions of privilege are of paramount importance to the democratic institution of Parliament, and the Speaker has ruled on these questions many times. I will try to explain what happened last Tuesday. I believe that the delay in raising this question of privilege is reasonable as this incident occurred just recently.

Members and senators were invited to a technical briefing on Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, organized by the Minister of State for Democratic Reform, who is also the member for Nepean—Carleton. As we know, debate on this bill began yesterday and will undoubtedly continue today.

I will try to explain what happened last Tuesday and attempt to convince you, Mr. Speaker, that there is a prima facie breach of parliamentary privilege. I am referring to the privilege of receiving, in both official languages, information about bills introduced in the House when they are drafted and debated.

Briefings are crucial. They help members to prepare before debating and voting on a bill as complex as the one in question, which is 242 pages long. It goes without saying that technical briefings are very important for such massive bills that contain so many elements. It is not mandatory that ministers provide these briefings. However, this one was offered, and we noticed many issues with the interpretation during the briefing.

It seems that no one contacted the interpretation service in advance. The interpreter who arrived had not received the documents he needed to do his job. The interpretation was often inadequate, whether it was from English to French or vice versa. The interpretation from English to French was particularly poor. At times, there was little or no interpretation or it was of poor quality.

Many of the issues with the interpretation surfaced when the members were asking questions. Some of my colleagues were there. When members and senators used the microphone in the middle of the room to ask questions, the interpreter could not hear them. Obviously, he was not able to translate the questions.

That said, the Speaker will have to ascertain the facts to determine, based on the information he obtains or he receives from other members, whether there was a prima facie breach of privilege.

I would like to remind everyone of the classic definition of parliamentary privilege. I am sure you know it, Mr. Speaker. However, I will repeat it for the benefit of my colleagues. I am quoting from Erskine May:

Parliamentary privilege is the sum of the peculiar rights enjoyed by each House collectively...and by Members of each House individually, without which they could not discharge their functions.

This is a fundamental principle of our institution, as I mentioned at the start of my speech. The privileges of each individual parliamentarian as well as the collective privileges of the House of Commons must be respected at all times.

Today, the question of privilege is very important because it is entrenched in the Constitution Act, 1867. Section 133 sets out certain legislative guarantees for parliamentarians when it comes to the use of Canada's official languages. These include the right to use either language in legislative debates, the use of both languages in the official records and minutes of Parliament, and the use of English and French in printing and publishing acts.

While departmental briefings are not specifically covered by the Constitution Act, University of Ottawa law professor André Braën notes that the purpose of section 133 is to grant “equal access for anglophones and francophones to the law in their language” and to guarantee “equal participation in the debates and proceedings of Parliament”.

This leads me to conclude that this protection of official languages in the House is fundamental to ensure equality among all members. It means that those who do not understand French or English can be on the same level as other members.

For example, if we give a technical overview of a bill in English to a member who only understands French without providing interpretation, this member is at a disadvantage in the legislative process compared to others who understand English perfectly. He or she is not getting the same quality of information. I think that is a fundamental issue in Canada's legislative process.

Mr. Speaker, I hope you will conclude this is a prima facie violation of privilege. This Latin expression, which means “on the face of it”, is of course commonly used.

To summarize the events, members attended a briefing on Tuesday morning, at 10 a.m. The session included paper documents that, I must admit, were properly translated. Members had been promised a briefing session to help them better understand this legislation before debating it here. However, they barely had 24 hours to review 240 pages. That is not a lot of time. However, as I said earlier, there is no requirement to provide such briefings.

The officials from the Privy Council Office who were present acted in good faith. They tried several times to correct the situation and accommodate the participants in both official languages, but they failed to do so. Even my colleague from Charlesbourg—Haute-Saint-Charles, who could perhaps elaborate on her own experience, had to leave during the information session because there was simply no interpretation service. Accordingly, she did not have the same rights as other MPs who understand English, like myself, since I understand it pretty well. Although there was no interpretation service, I understood what was being said in English. I can understand it pretty well, but not as well as I would have understood the French.

This has been examined in various cases, including Att. Gen. of Quebec v. Blaikie et al. Chief Justice Deschênes of the Superior Court of Quebec upheld the obligation to use English and French at the same time throughout the legislative process. Any disruption of that practice violates both the letter and the spirit of section 133. This substantiates my comments.

In October 2013, my hon. colleague from Skeena—Bulkley Valley also raised this question regarding Bill C-4, the budget implementation bill, for which a similar information session was held for the members. Unfortunately, the interpretation services were inadequate. If I remember correctly, there was no interpretation at all. As a result, the meeting was cancelled and held the next day. In that case, the breach of privilege was avoided.

In this particular case, which is very similar, there was a major difference that might prove there was a breach of parliamentary privilege. The meeting continued despite the fact that the interpretation service was having a lot of trouble. As I said earlier, one MP even had to leave because of the poor quality of the service. I am not saying that the people there were not acting in good faith; they tried to make the situation better, but it did not work.

The bill in question deals with electoral reform, and it is very important to Canadians. The least the government could have done was to provide a technical briefing in both official languages to ensure all the members of the House are on a level playing field when they have to debate the issue. That was obviously not done.

I think a situation like that is unacceptable because it prevents parliamentarians from doing their jobs and fully participating in debate. Mr. Speaker, I would like you to make a ruling confirming that this is in fact a breach of the privileges of members of Parliament.

I would be willing to move an appropriate motion if you ask me to do so. Mr. Speaker, I look forward to your decision on the prima facie breach of parliamentary privilege that may have taken place last Tuesday.

Message from the Senate

[The Speaker, Conservative, Andrew Scheer]

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to the following bills:

C-7, An Act to amend the Museums Act in order to establish the Canadian Museum of History and to make consequential amendments to other Acts—Chapter 38, 2013.

C-19, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014—Chapter 39, 2013.

C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures—Chapter 40, 2013.

It being 5:55 p.m., the House stands adjourned until Monday, January 27, 2014, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 5:55 p.m.)

[The Speaker, Conservative, Andrew Scheer]

I have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bills: Bill C-7, An Act to amend the Museums Act in order to establish the Canadian Museum of History and to make consequential amendments to other Acts; Bill C-19, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014; and Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures.

Economic Action Plan 2013 Act No. 2

[The Speaker, Conservative, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-4.