Yukon Environmental and Socio-economic Assessment Act

An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon

This bill is from the 37th Parliament, 2nd session, which ended in November 2003.

Sponsor

Bob Nault  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

The Library of Parliament has written a full legislative summary of the bill.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-2s:

C-2 (2025) Strong Borders Act
C-2 (2021) Law An Act to provide further support in response to COVID-19
C-2 (2020) COVID-19 Economic Recovery Act
C-2 (2019) Law Appropriation Act No. 3, 2019-20

Business of the HouseOral Question Period

February 27th, 2003 / 3 p.m.


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Glengarry—Prescott—Russell Ontario

Liberal

Don Boudria LiberalMinister of State and Leader of the Government in the House of Commons

Mr. Speaker, I am pleased to make the business statement and I will have two motions which relate to that immediately afterward, with the permission of the House.

This afternoon we will consider the Senate amendments to Bill C-12, the sports bill. I understand this will be brief. This will be followed by third reading of Bill C-15, the lobbyists legislation. If time permits, we would then turn to Bill C-20 on child protection, and then possibly Bill C-23, the sex offender registry. I think by then the day will probably have exhausted.

Tomorrow our plan would be to commence with Bill C-2, the Yukon bill, which would then be followed by Bill C-6, the first nations specific claims bill.

When the House returns on March 17 we will complete the budget debate on that day. I will have a motion to offer to the House in a few minutes to defer the vote on that.

March 18 shall be an allotted day, as shall be March 20. I will give an update to members of the House in terms of legislation to be called on March 19.

Mr. Speaker, there have been consultations among the parties and I wish to seek unanimous consent for the following motion. I move:

That, if on March 17, 2003, a division is requested on the main motion for government order, ways and means proceedings No. 2, the said division shall be deferred until the conclusion of the time provided for government orders on March 18, 2003.

For the benefit of members, that refers to the budget motion.

Canada Elections ActGoverment Orders

February 25th, 2003 / 7:30 p.m.


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Liberal

Marlene Catterall Liberal Ottawa West—Nepean, ON

Mr. Speaker, it was the motion for concurrence in Bill C-2.

(The House divided on the amendment to the amendment, which was negatived on the following division:)

Canada Elections ActGoverment Orders

February 25th, 2003 / 7:30 p.m.


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The Speaker

I would ask the chief government whip for some clarification. On Bill C-2 there were two votes. One was on the concurrence motion and one was on an amendment. Perhaps she could tell us which vote it is that applies in this case because I gather there was a difference.

Canada Elections ActGoverment Orders

February 25th, 2003 / 7:25 p.m.


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Liberal

Marlene Catterall Liberal Ottawa West—Nepean, ON

Mr. Speaker, I believe you would find consent in the House that the vote previously taken on Bill C-2 be applied in reverse to the motion now before the House and to the subsequent motion on Bill C-20.

Yukon Environmental and Socio-Economic Assessment ActGoverment Orders

February 25th, 2003 / 7:05 p.m.


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The Speaker

The House will now proceed to the taking of the deferred recorded division on the report stage of Bill C-2. The question is on Motion No. 1.

Canada Elections ActGovernment Orders

February 20th, 2003 / 4:05 p.m.


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Bloc

Stéphane Bergeron Bloc Verchères—Les Patriotes, QC

Mr. Speaker, it is my pleasure to rise to debate Bill C-24 that we support, obviously, in principle. In this bill, there are numerous provisions that are light years away from the current political financing legislation.

Of course, substantial improvements could be made. I will give examples shortly. Nevertheless, I must first tip my hat to the government party for finally seeing the light on the road to Damascus and introducing some amendments to the federal electoral legislation, so that parliamentarians and political parties will no longer come under undue pressure from major contributors or, at least, so that parliamentarians and political parties will no longer appear to come under undue pressure from major contributors.

Nonetheless, I must say that it is easy to make amendments when they do not commit you to anything. I will come back to this later. The Prime Minister was careful to propose this amendment to the existing federal electoral legislation at the very end of his career, ensuring of course that the new provisions would not apply to the current Liberal leadership race that will decide his own successor.

It is interesting that the Prime Minister waited more than 35 years after his political career began to suddenly become the advocate for such an amendment to the Canada Elections Act.

Need I point out that since it was first elected in 1993—if we exclude the by-election in 1990—the Bloc Quebecois has not stopped pushing for the electoral legislation to be amended to include the principles of public financing in effect in Quebec.

Let us remember that public financing has two key components: first, contribution ceilings and second, a formal ban on anyone other than voters contributing financially to political parties.

The government has taken up a few provisions in these two pillars, but has vehemently opposed any kind of amendment that might have come from the pressure, proposals, amendments and motions by the Bloc Quebecois. The government has also been very careful to wait a few years before making these proposals, so that people might forget that these provisions had been moved by an opposition party.

That would be unthinkable. How could the government publicly admit that is way introducing legislation initially suggested by an oppossition party? The government saw to it that people would forget that the idea came from an opposition party and, all of a sudden, it takes it out of our hat and says, “We have just made an extraordinary discovery; we are proposing a legislative change that will be absolutely revolutionary and will ensure that, suddenly, our citizens trust our political institutions more”.

Some discovery. Perhaps it would have been a good idea if the government had discovered it before. I guess that, on the Liberal side, it takes a few years before they finally take action.

Must I remind the House that the Bloc Quebecois made a number of proposals to this effect. In 1994, my colleague from Bas-Richelieu—Nicolet—Bécancour, who was then the member for Richelieu, moved a motion to this effect in the House. Of course, it was defeated, thanks to our colleagues in the governing party.

A little later on, in 1997, the present leader of the Bloc Quebecois, the member for Laurier—Sainte-Marie, also made a proposal along the same lines. When we debated Bill C-2 in the House and in committee, the Bloc Quebecois came back with a number of proposed amendments, which the government wasted no time rejecting.

Eloquent speeches were made in this House and in committee, in particular by the government House leader, as he was then also. He had a brief stint as Minister of Public Works and Government Services, but was not there long, for reasons known to us all. I will read some excerpts from the very wise comments made by the government House leader at that time.

In the House Procedure and Affairs Committee, the Government House Leader stated:

The Lortie commission has recommended neither that only individuals be allowed to make contributions nor that a maximum be established for contributions. Moreover, where such rules do exist, two individuals sometimes make equivalent contributions right up to the limit in order to get around these constraints.

Really, now.

He subsequently answer a question by our colleague from Chicoutimi—Le Fjord, who had a different political allegiance at the time, and was then in favour of public financing—and still must be—and perhaps may have made a modest contribution to this change in attitude on the government side.

His answer to our colleague for Chicoutimi—Le Fjord was as follows.

Corporations and individuals have virtually identical rights under the law. What a company can do legally as far as contributions are concerned, an individual can do also. The law does not treat them differently. It does not set higher ceilings for individuals than for unions or companies. Limits are the same for everyone. In other words, there is no ceiling in either category in terms of tax deductions. It is the same thing, provided it involves a taxpayer.

He said that there was equality between corporate and individual entities, as far as their ability to contribute to political parties was concerned.

Still in his answer, the government House leader said:

The system is transparent. I think that it is also accountable—

—as for banning contributions do not come from individuals that, this would be of very little benefit. Lortie said that it was so easy circumvent such a provision that it would not make sense. He may not have said it in those terms, but this is more or less what he meant.

We know what is happening today. Instead of the corporation paying $1,000, the president contributes $500, the vice-president $300 and the secretary $200, which means that the end result is the same. The only difference is that the system is less transparent instead of being more transparent. We no longer know from whom the money is really coming. It is coming from obscure individuals, instead of coming from GM, Ford, or some other corporation.

The government House leader went on to say:

Lortie also said that we would quickly use up the funds of political parties if we did that.

What caused this sudden about-face on the part of the government House leader? Why has he suddenly become the promoter of a limit, of a ceiling for corporate contributions? Will, all of a sudden, a corporation that would like to contribute $150,000 to the election fund of the Liberal Party of Canada, give $10,000 to its president, $10,000 to its vice-president, $10,000 to its secretary, and so on until the amount of $150,000 is reached? At least this is the possibility to which the government House leader alluded.

I guess that the government House leader was suddenly hit by the invaluable virtues of public financing, since he spoke so eloquently about it in this House.

My time is running out, but I will have the opportunity to address this issue again at the later stages of the bill, and I will examine more closely its various provisions and explain why these provisions seem satisfactory in some cases, but clearly unsatisfactory in others. In the meantime, we will have the opportunity to move a number of amendments.

Canada Elections ActGovernment Orders

February 20th, 2003 / 3:30 p.m.


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Canadian Alliance

Ted White Canadian Alliance North Vancouver, BC

Mr. Speaker, I rise to say a few words about Bill C-24. Incidentally it is a very thick bill, about half an inch thick, and I know you are a busy man, Mr. Speaker, so you probably have not had the time to glance through it yet, but I have read it from cover to cover. Whilst it is half an inch thick, a lot of it is repetitive, repeating the same clauses over and over for nomination meetings, for registration of electoral district associations or for leadership races. Much of it is repeated.

In speaking to Bill C-24, I would like to reference Bill C-2, which was the bill on the major changes to the Canada Elections Act, which took place a couple of years ago, a bill for which I was critic and moved it through the House over about a three month period.

When Bill C-2 was going through the House, I proposed on behalf of the Canadian Alliance that we put an end to the patronage appointments of Elections Canada whereby the government appoints all of the returning officers and most of the field staff for Elections Canada. The Chief Electoral Officer had begged us to allow him to select and appoint his own staff, because it is completely inappropriate for the governing party to be appointing key personnel in what is supposed to be an independent body. The minister at the time argued that this was a ridiculous suggestion because it would cost too much and increase the bureaucracy at Elections Canada, and therefore we should not waste our money on it.

However, when we look at Bill C-24, what do we find? An enormous bureaucracy being set up to register and track the reports of electoral district associations. I have already spoken with the Ontario chief electoral officer because Ontario does have exactly this type of system, and it is very intensely administrative in nature. It requires enormous amounts of paperwork. It requires elections people to follow up constantly with riding associations or electoral districts to get the paperwork done. This is going to cost much more and be much more complicated than anything that was proposed to get rid of patronage in Bill C-2, so I really think the minister was playing politics at the time.

In Bill C-24, the government is also setting up a very complicated process for nominations. The government has argued that what it is trying to do is level the playing field to make it easier for disadvantaged people to take advantage of the possibility of becoming candidates for political parties.

I am convinced that most of the government members have not bothered to read the bill. They probably took a look at the half inch thickness and decide not to attempt it. However, if we really read the bill we will see that there are at least 15 pages of requirements for people getting involved in a nomination meeting. Now if we are talking about people who are traditionally disadvantaged, for example, as they would argue, women in the community who may not have the business contacts to help them get big donations to start a nomination meeting, those same people will not have the contacts who have the accounting skills or the management skills to run the sort of paperwork that is required for a nomination race.

So I would argue that the government is very misguided in what it has done in this bill and I think again it is playing politics. What it is actually trying to do, while it pretends to be arguing in favour of the disadvantaged, is creating a situation whereby those people will be excluded. It will be restricted to people who have the business contacts, the skills and the ability to manage a very complicated nomination race procedure.

The bill also perpetuates the unfair 50 candidate rule, which requires parties, in order to be registered and to have registered riding associations, to run 50 candidates in an election. The courts have struck down that provision. They have said that it is unfair and that it is inappropriate. In discussions in this House and in committee, all of the parties except the Liberal Party agreed that number 12 would be appropriate, which is the number that is recognized in the House as being appropriate for recognition of party status. So again the government is perpetuating unfair, anti-democratic practices while it still argues out of the other side of its mouth that the bill is an improvement.

It has also continued to maintain the gag law in the bill. That is the part of the Canada Elections Act that prevents third parties from arguing their perspective during election campaigns. The gag law has been struck down three times in the courts, yet the minister, even as late as yesterday, was still arguing that it was appropriate to keep that gag law in the Elections Act.

He has wasted tens of millions of dollars fighting it in the courts. It gets struck down every time. He argues that the basis for putting the gag law back into the Elections Act is that there was a court ruling in Quebec which justified the use of a gag law and restrictions on spending of third parties.

What he fails to say every time he quotes that Quebec court judgment is that the judgment was about referenda, not elections. Referenda, Mr. Speaker, as I am sure you know, are about either a yes or a no answer. They are about one issue and the answer is either yes or no. It seems perfectly reasonable that we might put limits on who can argue for a yes and who can argue for a no in order to have a level playing field with both groups having access to the same amount of resources and money, but an election is a multi-faceted event with numerous issues, some of which are local and some of which are national, and there are literally hundreds of thousands of different issues that need to be argued.

To try to transpose a court ruling in Quebec to do with referenda into a general election status in this bill is completely inappropriate. The minister knows it. I have begged him to stop wasting taxpayers' money on these court cases and he continues to do it. In fact, he is a disgrace because he has wasted money on the gag law and he is now going to waste enormous amounts of money on a complicated process for nomination meetings. During all of that time he accuses us of trying to waste money by putting real democracy into the act, by getting rid of the patronage appointments that the Prime Minister does for Elections Canada.

Incidentally, there are returning officers who do not turn up to work at Elections Canada and the Chief Electoral Officer is unable to do anything about it. Unless he can convince the governor in council, which means the Prime Minister, to cancel the appointment of one of his cronies to the returning officer position, there is nothing that can be done. The end result is that incompetent party hacks get appointed to the positions in Elections Canada that should be filled by skilled people who are non-partisan.

I would like to urge the government to be open to considering changes in the bill. Perhaps I am being a little naive, because the bill is going to be rammed through and we all know that. We are going get this public funding whether we agree with it or not. But I would hope that the government might be open to taking a look at a fairer way of allocating the public funding. The way that it is set up at the moment, the funding is given on the basis of the number of votes that were achieved by a party in the past election. Really, that rewards past electoral success and not necessarily the popularity of the party as it stands at the present time.

I heard a very creative suggestion, for example, and I am not putting this forward as CA policy at this time, it is just a creative suggestion that I heard, which was that maybe it would be fairer to base the funding on the number of registered electoral districts that a party has.

For example, for every registered electoral district that a party could maintain across the country, it would receive a certain allocation of funds. That would make it fair because it would reward parties that were trying to become national in scope. It certainly would not be a disadvantage to the ruling Liberal Party because it maintains riding associations, or electoral districts, in every riding in the country so its allocation would be exactly the same. Parties like the Canadian Alliance, which is gradually establishing riding associations across the country, would also gain benefits as it established these, and it would really make a judgment about how serious a party was at being a national player. For parties like the Bloc that tend to be restricted to one region, it would not penalize them either, because it would be running electoral districts or associations in every riding in that province and so it would still get its allocation.

That seems to me, just on the surface of it, perhaps a fairer way of doing it. If we really must have public money put into this, I would hope the government might be open to suggestions like that from outside interests.

In closing, I will say that I think the bill is pretty badly flawed. There has not been much chance in 10 minutes to get into the real meat of it, but I will repeat my hope that the government would be open to some further suggestions in committee as to how we might improve the bill.

Yukon Environmental and Socio-economic Assessment ActGovernment Orders

February 20th, 2003 / 12:25 p.m.


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Liberal

John Finlay Liberal Oxford, ON

Mr. Speaker, the purpose of the amendment as was read was to remove subclause 122(2) of the bill.

While I believe in the object that the standing committee was hoping to achieve with their amendment to the clause, the problems with the amendment can be addressed and the underlying objective can be adequately accommodated through the original bill clause and existing processes. I will try to explain why.

The standing committee amendment to clause 122 has a number of deficiencies that would prove problematic.

Perhaps principal among these is the fact that the committee's amendment does not take into account that there is a second regulation making provision in the bill in subclause 47(1). It is under this provision that the project regulations would be made and hon. members should know that these regulations are the ones that will be of the most interest to the public and industry and environmental interest groups.

Second, the proposed new subclause 122(2) does not provide for a role for the other place. Under current practice, regulations are reviewed by the Standing Joint Committee on Scrutiny of Regulations, a committee of both the House and the other place. We believe this is appropriate and should be maintained for regulations made under Bill C-2.

The amendment proposed by the standing committee could also prove problematic as it names a specific standing committee in a statute. As the names and functions of House committees could change over time, the provision could be rendered ineffective unless there was an amendment to the bill.

I would like to spend a few minutes explaining why I believe the bill does not require the amendment suggested by the committee to provide opportunities for public involvement in the regulatory process under the bill.

First, I would like to remind hon. members of one of the key features of the bill, referred to at length during the second reading debate in the House: extensive consultations on the bill.

The fact is that there have already been considerable consultations conducted regarding what the public and interest groups think should be included in the two key areas of regulations under the bill, and that is those that establish what activities are subject to assessment and regulations and those establishing time lines within which decisions must be made.

In addition to those consultations that have already occurred, I note that clause 122 of the bill already requires the minister to consult with the government of Yukon and all Yukon first nations prior to making regulations. These consultations have also been ongoing for some time now. I am confident that when these regulations are drafted, consideration of all this input will be reflected.

I would also like to remind hon. members that before regulations are finalized they are pre-published in the Canada Gazette with an opportunity for public review and comment on them. This provides yet another opportunity for public and interest group input to these regulations.

Finally, these regulations will be reviewed by the Standing Joint Committee on the Scrutiny of Regulations. As hon. members know, this is a joint committee of the House and the other place. The addition of subclause 122(2) would, therefore, only serve to duplicate existing processes for this place, while providing no role for the other place.

I believe that hon. members can be confident that there will be numerous opportunities for input by the public and interest groups, the Yukon government and first nations into the development of all regulations under the bill. Further, including subclause 122(2) would only be problematic and serve to duplicate existing processes. I also believe that all hon. members recognize these problems and will join me in supporting the motion to remove subclause 122(2) of the bill.

Yukon Environmental and Socio-economic Assessment ActGovernment Orders

February 20th, 2003 / 12:25 p.m.


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Edmonton Southeast Alberta

Liberal

David Kilgour Liberalfor the Minister of Indian Affairs and Northern Development

moved:

That Bill C-2 be amended by deleting subclause 122(2).

Yukon Environmental and Socio-economic Assessment ActGovernment Orders

February 20th, 2003 / 12:25 p.m.


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The Deputy Speaker

There is one motion in amendment standing on the Notice Paper for the report stage of Bill C-2. Motion No. 1 will be debated and voted upon.

Canada Elections ActGovernment Orders

February 17th, 2003 / 1:05 p.m.


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Liberal

Don Boudria Liberal Glengarry—Prescott—Russell, ON

Mr. Speaker, I think that is an excellent question.

First, the hon. member will recognize that in Bill C-2, and in all other amendments to the Elections Act—I am talking about all major changes—there has always been a convention of giving a six month delay. This allows Elections Canada to put structures in place.

Take the example of registering riding associations, of which there are four or five per electoral riding, depending on what part of the country you are in, and the number of registered political parties that exist. We are talking about 301 ridings. There must be audit systems and such for all of these riding associations, some 1,500 or 2,000. That is a big number. That is the first element. That represents a major measure that needs setting up.

Second, I explained the convention of a six month delay for amendments to the Elections Act. I would like to be able to say that the bill will be passed in six weeks, but the official opposition is using stalling tactics, which means that the only way we can move forward on this is to impose time allocation. Unless the Canadian Alliance withdraws the proposed initiative.

Also, it is important to note that there is not just one political party that is having a leadership race. The member opposite is part of the only political party represented in the House that is not currently having, or has not recently had, a leadership race.

The Canadian Alliance had one, but they may still be raising money to pay off their debts. As for the New Democratic Party, theirs just ended a few days ago. The leadership campaign for the Progressive Conservative Party has already started. The Liberal Party's race will begin soon, I believe the official launch of the campaign will be in the coming days, if I am not mistaken.

Indeed, this situation is not unique to our party. It has been the case for at least three, even four of the five political parties represented in the House of Commons. In any case, all of these elements can be discussed in committee, and I thank the member for his question.

Canada Elections ActGovernment Orders

February 17th, 2003 / 12:35 p.m.


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Glengarry—Prescott—Russell Ontario

Liberal

Don Boudria LiberalMinister of State and Leader of the Government in the House of Commons

Mr. Speaker, I am pleased to rise to speak in favour of Bill C-24. The proposed legislation would improve the transparency and fairness of Canada's electoral system and address the perception that corporations, unions and the wealthy exercise a disproportionate influence in our political system.

Canada's electoral system already is the envy of many countries. As Canadians we have participated in election observation missions right around the world. As a former Minister of International Cooperation, which I was a number of years ago, it was always such a pleasure to see a number of our fellow citizens under Elections Canada, sometimes under UN mandate, participate in election observation in many countries of the world. We have done so through the Commonwealth and through la Francophonie and each time have earned the respect of other countries.

The amendments we have before us today continue the modernization of our electoral system that began with the enactment of the new Canada Elections Act in 1970 and the 1974 Election Expenses Act.

I had the pleasure of sponsoring Bill C-2 during the last Parliament. This is a bill intended to consolidate all Canadian electoral legislation and it has done so for a good number of measures. This being a democracy, however, there is no limit to how far we can go in improving certain legislation.

Today we have before us a new bill which builds on what we have done in the past, improving our electoral legislation still further.

The bill follows the Prime Minister's commitment of last June, in his excellent eight point action plan, to bring forward new legislation for political financing. This commitment was reiterated in the Speech from the Throne.

I hear our colleagues across the way expressing enthusiasm at the initiative. Perhaps later they can express that enthusiasm in their debate.

It also reflects the consultations that I have had with political participants and it builds upon existing political financial measures that exist both in Canada and elsewhere in the world.

Hon. members already are familiar with the key elements of the proposed legislation. The Prime Minister presented it to us in the excellent speech that he gave to the House last week. As such, I would like to take the opportunity to focus on the public financing provisions of the bill, which have received considerable praise from the general public but which have also drawn criticism, undeserved criticism of course but criticism nonetheless, from the hon. leader of the opposition.

On the key public financing measures, the virtual elimination of political contributions from corporations and unions and the new limits on individual contributions would have a significant financial impact on political parties and, arguably, to some extent, on candidates as well. For that reason the bill would build on existing financial measures already provided for to political parties to maintain the viability of our electoral system.

The measures contained in Bill C-24 are the following: the rate of reimbursement of electoral expenses for parties is increased from 22.5% to 50%; the definition of expenses eligible for reimbursement is broadened to include a portion of polls during election campaigns, and the ceiling for reimbursement to political parties is raised correspondingly; the percentage of votes candidates must obtain in their ridings in order to qualify for reimbursement of electoral expenses is lowered to 10% from the current 15%.

On this point it is to be noted that almost all candidates in the last election who would have received this funding, virtually all of them, 115 out of the 120 or so, are for parties represented on the opposition side of the House. Therefore, that particular measure favours almost exclusively opposition political parties. Almost no defeated Liberal candidate would have qualified for the particular measure I just described.

There would also be an allowance for registered parties of $1.50 for each vote they received in the previous election, to be paid on a quarterly basis.

Also, we are proposing amendments to the Income Tax Act to double the amount of an individual political contribution that is eligible for the 75% tax credit from $200 to $400, with of course the adjustments for each other bracket of credit accordingly. This would make it easier for candidates to receive smaller donations at the same time as the larger ones would no longer be possible.

As the Prime Minister noted in his opening remarks, public funding of the federal electoral process has been a longstanding tradition in Canada. Just in case members across the way are pretending that we as Canadians invented something here, we have not. Everyone knows of the U.S. primary system for the president and how a particular presidential candidate is awaiting, having won a certain number of votes, in order to qualify for the famous matching funds coming from the public treasury in the United States. So in fact--

Business of the HouseOral Question Period

February 6th, 2003 / 3 p.m.


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Glengarry—Prescott—Russell Ontario

Liberal

Don Boudria LiberalMinister of State and Leader of the Government in the House of Commons

Mr. Speaker, I will start with the rest of this day and then go on with the future agenda.

If the opposition follows through with its offer, as promised during question period, to withdraw its motion today on the strength of the commitment made by the Prime Minister to, on the first day following military deployment should there be one which we all hope of course there would not be, call a votable opposition day that would free up the rest of the day.

Following that, this afternoon we would then deal with Bill C-19. Should there be any time left we would call Bill C-22, although I suspect that there would not be that much time, and perhaps Bill C-19 would take us close to the end.

Tomorrow we shall begin the third reading stage of Bill C-6, the Specific Claims Resolution Act, followed by Bill C-2, an act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon.

Monday next, and Thursday as well, shall be allotted days.

Tuesday morning, we shall be resuming consideration of Bill C-13 on assisted reproduction. After oral question period, we shall begin consideration of Bill C-24 on political financing. Wednesday, we shall resume consideration of any unfinished business, with the possibility of continuing debate on Bill C-24.

Canada Pension PlanGovernment Orders

January 31st, 2003 / 10:15 a.m.


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Canadian Alliance

James Rajotte Canadian Alliance Edmonton Southwest, AB

Mr. Speaker, I believe I have 40 minutes for my speech and I will not be splitting my time with anyone, so you will have the pleasure of listening to me for up to 40 minutes.

Later I will address some of the comments made by the parliamentary secretary, but first I want to detail what Bill C-3 is supposed to do. I want to talk about some of the history of the Canada pension plan just to give members some background and then I want to propose alternatives or state where the Canadian Alliance stands on the bill.

Bill C-3 is an act to amend the Canada Pension Plan and the Canada Pension Plan Investment Board Act. It will transfer the management of the cash operating balance and the bond portfolio, which is about $40 billion, to the CPP investment board. Specifically this will permit all amounts held to the credit of the Canada pension plan account to be transferred to the Canada Pension Plan Investment Board by repealing the requirement to maintain in the account a three month operating balance.

Second, it will establish a means by which the investment board may be required to transfer funds to the government to the credit of the Canada pension plan account so that the immediate obligations of the account can be met.

Third, it will transfer to the investment board over a three year period, 1/36 per month, the right, title or interest in each security held by the Minister of Finance and establish the conditions on which the securities may be redeemed or replaced.

Fourth, it will provide a 30% foreign property limit. The Income Tax Act applies to the investment board and its subsidiaries on a consolidated basis, to provide that the investment board will be considered to hold the property of its subsidiaries for the purpose of applying the foreign property limit. Of course at second reading our party proposed an amendment to expand this to allow at least a small way for Canadians to access capital markets to further increase their retirement savings. They themselves then would be more independent at a stage in life when they want to enjoy the full benefits of life rather than being dependent on government assistance.

Fifth, the bill will make housekeeping amendments to the investment board's reporting requirements.

I have some observations and a little history. The CPP investment board was incorporated by an act of Parliament in 1997. It was set up as an arm's length crown corporation and was charged with ensuring the soundness and sustainability of the nation's pension plan.

The assets were planned to be transferred over this three year period to ensure a smooth transition for capital markets, provincial borrowing programs and the CPP investment board itself.

By investing CPP cash not needed to pay current pensions, the board's aim is to enable higher returns in the stock and bond markets over the long term. The CPP investment board currently manages about $14 billion, mostly in equities, for the pension plan. The assets to be transferred include the CPP bond portfolio, made up mostly of provincial government bonds, and a three month cash operating balance. The Department of Finance is currently managing this money.

The CPP investment board made $360 million in fiscal year 2001-02 but lost $845 million in the previous year. About two-thirds of the board's money is invested in indexed stocks tied to the S&P/TSX composite while some is allocated to U.S. and international stock indexes. Including returns from the CPP bond portion, the entire pension plan made $2.3 billion in fiscal year 2001-02.

The federal government's chief actuary estimated that the proposed changes would increase returns on CPP assets by about $75 billion over 50 years. Of course in that estimate we have to take into account the serious decline in the stock market over the last three years, which certainly affects the specific prediction that the chief actuary made.

At this point I want to basically give an overview of Bill C-3 and also speak about the Canadian Alliance position and what we in the official opposition would do if we were in government.

The main thrust of the bill is to transfer all the amounts held in the Department of Finance within the Canada pension plan account, including the bond portfolio which is worth about $40 billion to the CPP Investment Board over a three year period. It would establish a means for the transfer of assets between the Department of Finance and the CPP Investment Board so that immediate payout obligations of the plan could be met. The legislation also spells out how the provincial securities currently held on the account may be redeemed or replaced.

As I mentioned earlier, it applies the 30% foreign property limit. We were quite disappointed that the government did not consider increasing that limit so that it would allow Canadians to access more foreign content within the CPP investment as it should within RRSP accounts as well.

To give a brief history of the Canada pension plan, the government is representing this as a housekeeping bill, but it deals with one of the main pension programs which Canadians receive and it is incumbent upon us to give a history before we vote on this at third reading.

The Canada pension plan was devised over 36 years ago as a mandatory plan on a “pay-as-you-go” basis and would be transferred from generation to generation. There is no account in my name or someone else's name and it is not tied to a social insurance number that would then be invested as a nest egg for retirement. The people who are currently working are paying for those who have retired. When this was started, people who were retired at the time started receiving the benefits but they had not gone through the system in that way. That was one problem.

The actuary at the time advised the Liberal government that this would be problematic, particularly as a demographic shift would occur in which the population growth would not be as much as it was in the post-war period. The government was advised that it would encounter some real financial crunches. Unfortunately, the government at the time disregarded that advice. It shadowed the future in which later on the finance minister completely disregarded the advice of the chief actuary in the mid-1990s and fired the actuary when the person gave advice contrary to what the government wanted.

In 1966 Canadians were told that their payroll deductions required to fund the Canada pension plan would never go above 5.5%. This is important to note because the present government is guaranteeing it will not go above the 10% level. Obviously the 1966 guarantee was untrue. The actuary at the time warned that percentage would not be sustainable over the long term, particularly with the fact that the population was not growing at its previous level.

The government of the day has told Canadians that it will not increase it past a certain percentage, but how can Canadians be expected to believe the government will hold it at a certain percentage when it clearly has not done so in the past?

When it was designed by the government at the time, it was assumed that there would be six tax paying workers for every dependant retiree. That was true when it was set up, although even at the time the actuary pointed out that with the demographic shift this would not happen in perpetuity. The government unfortunately did not set up a system whereby it was invested in people's names in an account and set aside over a 20 or 30 year period so it would be there as a nest egg when they retired. Unfortunately it was a situation where the government counted on this in perpetuity growth in the population that would fund the Canada pension plan. This was unrealistic at the time and the government should have realized that.

By 1993 contributions and interest could not produce the revenue required to cover the benefits paid out. The crunch started by the early 1990s. In 1996 the Canada pension plan was in a great deal of trouble. Over 10 million Canadians were paying $11 billion into the plan but three million people were being paid about $17 billion in benefits. Even though we had a ratio where 10 million Canadians were working and paying into the plan and only 3 million were receiving benefits, we still had a fiscal situation where the amount being paid out in benefits was above the amount being paid in. As we go into the future imagine the stress and the pressures that will be put on the Canada pension plan when the population does not grow at the expected level and when more people retire, particularly the baby boomers.

At that time, the $6 billion difference had to be made up out of general tax revenue so clearly it was not sustainable. The Canada pension plan's chief actuary warned that without changes the plan would be in very deep trouble, particularly when the baby boomer generation began to reach the age of 65, about the year 2012 which is not that far off.

By 1977 the Canada pension plan's assets had fallen to $35.5 billion. During the fall of that year, the Liberal government introduced Bill C-2, which was designed to save the Canada pension plan by the only way it knew how. It increased the cost to taxpayers and took more money from Canadian taxpayers rather than introduce some real fundamental reform to change the system.

Starting in 1998, Canadians saw their take home pay shrink as contribution rates for both employees and employers were jacked up in a series of increases to Canada pension plan premiums. CPP premiums went from 5.6% of the average industrial wage to 9.9% in five years. This is a staggering 73% increase and the biggest tax grab in Canadian history.

The government and the Minister of Finance love standing and saying that they have introduced a $100 billion tax cut, which is completely untrue because they neglect to mention the Canada pension plan tax increase. They also neglect to mention the EI surplus which they have been hiding and using for general revenues. The fact that they stand and talk about this $100 billion tax decrease is just simply untrue.

In 1995 the chief actuary of Canada noted that contribution rates would have to nearly triple, from 5.6% to 14.2%, over the next 30 years simply to ensure benefits could be paid for the indefinite future.

This is an important point because the contribution rate is now up around 10%. The government says, as it said before with the 5.6% level, that it will never go above that. This is not what the chief actuary said in 1995. This person stated that it would need to go to 14.2% over the next 30 years to deal with the retirement of the baby boom generation. The result is that employers and the self-employed are feeling the brunt of this Liberal tax cut.

The Canadian Federation of Independent Business has been conducting letter writing campaigns, both on this and on the employment insurance account. What it is notes is that while employers have received a 7¢ reduction in their employment insurance premiums, the Canada pension plan premiums have gone up by 40¢, and they are said to increase another 25¢ in 2003.

That may not sound like a lot but for small businesses with very small margins, increases like this for each worker are very substantial and certainly cause a lot of businesses to really look for ways to cuts costs. The most obvious way they can cut costs, unfortunately, is through labour. If the costs of labour for small businesses, a coffee shop or whatever, increases, the only way they can really deal with that in the immediate term is to cut labour, which means laying people off. The CPP premium increase is not only a tax grab, it is a job killer as well. Everything the employers have gained back in their small employment increases has been eaten up and more by the Canada pension plan increases.

The worst injustice of the Canada pension plan in general, is the intergenerational unfairness. This is a point I want to return to a number of times in my speech.

Every Canadian worker born after 1980 will see their Canada pension plan investment offer them a 2% return on investment for their retirement. This is unbelievable and unacceptable. However for those who retired in 1995, a different generation, they will receive a 9% return on their investment which is a greater return. However, if one looks at the long term investments over a 20 or 30 year period, this is obviously unacceptable as well.

Economist David Foot has suggested that the federal government should raise the retirement age by two or three years so that boomers can contribute to the CPP longer, thereby creating a bigger pool to invest and from which to draw. It would not have to raise premiums or cut benefits. It is something the government obviously has considered but not acted upon.

Another consideration is that the government could bring in more flexible workplace policies to address some of the problems which I talked about earlier, where employers faced with increased CPP premiums unfortunately have to lay off workers.

A lot of Canadians who are approaching retirement or who have retired have said that if we bring in more flexible workplace policies, older workers nearing retirement could work part time and still make full pension contributions to maintain revenues in the pension fund while creating employment for younger workers. This would also mean that they would still contribute and would draw upon that for a longer period because it would be more sustainable.

Economist David Foot, in describing the 1997 reforms, said, “They do not recognize the profound demographic changes that have taken place since the program was launched”. That is indisputable. The fact is the government has not recognized this pay as we go plan setup where we had a huge population explosion after the second world war with a relative decline after that. It has not recognize that a demographic shift would cause some serious constraints on the Canada pension plan.

The Canada pension plan will take just under 10% of income to receive 25% after age 65. The average annual payout is $5,500 a year. That figure is something we should all consider, because the government loves to say that it is providing for Canadians in their retirement. The average annual payout is $5,500 a year. Obviously a Canadian cannot live on that so for the government to say that it is providing for Canadians in their retirement through this plan is simply farcical.

Another figure we should keep in mind is the number of seniors in Canada will double to 22% of the population by the year 2031. This will place a heavy burden on workers who have to support these pension and health programs. It is important to note that the demographic shift causes a lot of other pressures as well, particularly in health care. As we age we require more and more of the health care. That is just simply logical. Canadians are rightly concerned about where the tax revenues will come from to pay for our social services. Instead of dealing with these problems, unfortunately the government has pushed these off by introducing marginal changes, as it has done with this bill.

Members of the Canadian Alliance do not believe that our future security lies in the wages of a shrinking workforce. It lies in the vast productivity and production capacity of a full economy. We value retirement security as a vital element of independence. The government's goal should be to ensure that as many Canadians as possible are independent in their retirement years, that they can afford to have a good standard of living, that they can afford to take a relative amount of trips when they need to and that they have the quality of life they deserve.

Our policy platform states that we will honour obligations to retired Canadians and those close to retirement under the current state run programs. We will also maintain support for low income seniors.

We believe that future retirees deserve a greater choice. People in my generation who are extremely frustrated with the Canada pension plan deserve a greater choice and a greater opportunity to increase their retirement savings. We should have a choice between a government managed pension plan and a mandatory personal plan. Giving Canadians greater control of their own affairs and retirement plans would eliminate the foreign investment restriction for retirement investments, thereby allowing access to greater capital and investment opportunities. We would devise options allowing individuals greater opportunities to save for themselves as the current system failed its original objective from 1966.

This is an important point because friends my age in their early thirties see the RRSP contribution limit each year. A lot of people in the 55 to 65 age group do not have a lot of money put away. Let me use for an example dentists who own their own dentistry business. They have taken quite a while to pay off debts they incurred when they started out after graduating from dental school. By the time they reach 55 they do not have a lot of money put away because they spent the first 15 or 20 years in their business paying off their debts. At the age where they are making profits or their earlier investments have paid off, they would like the opportunity to put some money into their RRSP. With the present contribution limit it is simply impossible for them to put enough away so that they are fiscally secure when they retire in 5, 10 or 15 years. I hope the Minister of Finance will look at raising the contribution limit for RRSPs in the next budget.

I was talking to a friend recently who said the forms the government sends out indicating the amount an individual can put into an RRSP is a joke. She indicated that the government takes so much from her in taxes that she does not have anything left at the end of the year to invest in an RRSP. The contribution limit is a slap in the face because the government takes so much in taxes. Canadians are taxed at the highest marginal rate of $60,000 per year, and that is an absolute joke.

Canadians who get out of university usually have a high debt load. If they are lucky they may get a job making $30,000 or $35,000 a year. They have to pay down their loans and pay taxes while trying to establish themselves at the same time. Paying high taxes simply creates a crunch on them that is unfair. The government should create opportunities so that these people can pay down their student loans and pay less tax so they can start establishing themselves. For those individuals who are far-sighted they could then start putting away even at that age for their retirement.

Bill C-3 is a step in the government's planned development of the public pension plan in this country. It is managed at arm's-length by a crown corporation. As the Canadian Alliance noted at second reading, the bill is more than a housekeeping bill. The government says it has only presented some minor changes, but we regard them as much more.

We are opposed to the solution proposed by the government. Canadian workers and employers would be bilked out of billions of dollars to pay for a plan that is unquestionably unfair to Canadians of all generations, but particularly to the younger generations in our society.

The Canada pension plan began floundering in the 1990s. In 1996, 30 years after its inception, the plan was going bust. It was fulfilling the prediction of the original actuary who said that this pay as we go plan was unsustainable in the long term. This created a situation where the benefits exceeded the amount going in by about $6 billion. This had to be made up out of general tax revenues.

The Liberal solution was to take more money from the Canadian public. It was similar to health care. Instead of addressing some overall issues and proposing fundamental reforms, it resorted to taking money from the Canadian taxpayer. This is something the government is doing now with the new elections bill. Instead of addressing genuine concerns about the ties between businesses, unions and government, what does the government do? It asks the taxpayer to pay for everything. It wants taxpayers to pay for everything in the elections bill, despite the fact that they may or may not support a particular party. Taxpayers now would have to support every political party that attained a certain number of seats in the last election.

I will go back to the CPP premiums. Beginning in 1998 the CPP premiums were jacked up from 5.6% of the average industrial wage to 9.9%. As I mentioned earlier, the government promised it would never go past this 5%. The government said this promise could be carved in stone. It is now up to 9.9%. The chief actuary at the time said it would have to go to 14.2% over the next 30 years.

Now the promise was that the premiums would never go above 10%, yet the chief actuary said they would go over 14%. Unfortunately we do not receive his advice any more because he was summarily dismissed once the finance minister realized that he did not like his advice. This is a tradition that we see all too often with this Parliament.

It is interesting that people such as the Auditor General who have independence and are able to observe the government and how Parliament operates, are the ones who are bringing to light, as is the case with the firearms registry, the actual substance the opposition has been stating for years. We need objective and independent analysts such as the chief actuary to help us.

When the finance minister fired this person simply for giving advice that the finance minister did not want I think that was a serious breach of independence that Parliament should have addressed. Unfortunately, the government simply let it happen and did nothing.

The worst injustice by the government and its Canada pension plan hike of 73% is the intergenerational unfairness. The government simply has not addressed this and it does not want to address this. In the last election campaign the Liberals simply engaged in scare tactics about this, rather than address the actual problems with the Canada pension plan.

What is meant by intergenerational unfairness? Every Canadian worker born after 1980 would see his or her Canada pension plan investment offer a 2% return on investment for the retirement years. That amount might as well be stuck in a mattress. It is pathetic that we would allow younger Canadians, such as the pages here before me, to receive 2%. Imagine that over a 30 year period there would be a 2% return on the investment. That is completely unfair and it should be changed.

Political FinancingRoutine Proceedings

January 29th, 2003 / 3:20 p.m.


See context

Glengarry—Prescott—Russell Ontario

Liberal

Don Boudria LiberalMinister of State and Leader of the Government in the House of Commons

Mr. Speaker, the legislation I have just introduced forms part of the eight point action plan on ethics, announced on June 11, 2002, by the Prime Minister of Canada, to improve the fairness and transparency of Canada's electoral system. These changes also build on an overhaul of our electoral legislation, which I introduced in the last Parliament through Bill C-2, to modernize many aspects of the Canada Elections Act.

There has long been a perception, whether founded or not, that certain groups in society--corporations, unions and the wealthy--may exercise undue influence in our political system through the financial contributions they make to political parties and candidates. This legislation addresses this perception and enhances the fairness and transparency of our political system by ensuring that full disclosure of contributions and financial controls would apply to all political participants.

While parties and candidates are already subject to disclosure requirements, other important participants in the political process are not.

According the bill, party riding associations, leadership candidates and nomination contestants would now be required to disclose contributions received as well as expenses incurred to the Chief Electoral Officer.

Furthermore, nomination contestants would be subject to a spending limit equivalent to 50% of the candidates' spending limit in the same riding in the previous election.

A further key element to the bill is a prohibition on contributions from corporations, unions and other associations. As a minor exception to this prohibition, corporations, union and associations would be allowed to contribute a maximum of $1,000 annually to the aggregate of candidates, local associations, and nomination contestants of a registered political party.

The bill would limit the amount that individuals could contribute: the aggregate of a $10,000 annual donation to a registered party, all of its local associations, candidates and nomination contestants combined. Individuals would be allowed to contribute $10,000 to the leadership contestants in a particular leadership campaign.

Together, these reforms would increase confidence of Canadians in our electoral system.

Of course, the virtual elimination of political contributions from corporations and unions, and the new limits on individual contributions, would have a significant financial impact on political parties and, to a lesser extent, on candidates.

For that reason, the bill would also increase the financial assistance already provided to political parties and candidates.

Thus, the percentage of election expenses that can be reimbursed to parties would be increased from 22.5% to 50%—as is already the case for candidates—and the definition of reimbursable election expenses would be broadened to include polling. The ceiling for expenses eligible for reimbursement would be increased correspondingly.

The qualification threshold for reimbursement of candidate expenses would be lowered from 15% to 10% of the number of valid votes cast in the riding.

This will allow more candidates—unsuccessful candidates in this case—to receive reimbursement after elections.

As is already done in three provinces, registered parties will receive an allowance. It will be paid quarterly on the basis of the percentage of votes they obtained in the previous general election.

The measures in the bill reflect consultations that I have had with a wide range of experts and stakeholders, as well as provincial authorities across the country. They also draw on political financing measures that are already in place in several Canadian provinces, and indeed other countries as well.

I look forward to working with all members of this House on these changes to strengthen the connection between Canadians and their political representatives, and to increase public confidence in the integrity of our electoral system, a system that is already recognized as one of the finest in the world.