Budget Implementation Act, 2008

An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 enacts a number of income tax measures proposed in the February 26, 2008 Budget. In particular, it
(a) introduces the new Tax-Free Savings Account, effective for the 2009 and subsequent taxation years;
(b) extends by 10 years the maximum number of years during which a Registered Education Savings Plan may be open and accept contributions and provides a six-month grace period for making educational assistance payments, generally effective for the 2008 and subsequent taxation years;
(c) increases the amount of the Northern Residents Deduction, effective for the 2008 and subsequent taxation years;
(d) extends the application of the Medical Expense Tax Credit to certain devices and expenses and better targets the requirement that eligible medications must require a prescription by an eligible medical practitioner, generally effective for the 2008 and subsequent taxation years;
(e) amends the provisions relating to Registered Disability Savings Plans so that the rule forcing the mandatory collapse of a plan be invoked only where the beneficiary’s condition has factually improved to the extent that the beneficiary no longer qualifies for the disability tax credit, effective for the 2008 and subsequent taxation years;
(f) extends by one year the Mineral Exploration Tax Credit;
(g) extends the capital gains tax exemption for certain gifts of listed securities to also apply in respect of certain exchangeable shares and partnership interests, effective for gifts made on or after February 26, 2008;
(h) adjusts the rate of the Dividend Tax Credit to reflect corporate income tax rate reductions, beginning in 2010;
(i) increases the benefits available under the Scientific Research and Experimental Development Program, generally effective for taxation years that end on or after February 26, 2008;
(j) amends the penalty for failures to remit source deductions when due in order to better reflect the degree to which the remittances are late, and excuses early remittances from the mandatory financial institution remittance rules, effective for remittances due on or after February 26, 2008;
(k) reduces the paper burden associated with dispositions by non-residents of certain treaty-protected property, effective for dispositions that occur after 2008;
(l) ensures that the enhanced tax incentive for Donations of Medicines is properly targeted, effective for gifts made after June, 2008; and
(m) modifies the provincial component of the SIFT tax to better reflect actual provincial tax rates, effective for the 2009 and subsequent taxation years.
Part 1 also implements income tax measures to preserve the fiscal plan as set out in the February 26, 2008 Budget.
Part 2 amends the Excise Act, the Excise Act, 2001 and the Customs Tariff to implement measures aimed at improving tobacco tax enforcement and compliance, adjusting excise duties on tobacco sticks and on tobacco for duty-free markets and equalizing the excise treatment of imitation spirits and other spirits.
Part 3 implements goods and services tax and harmonized sales tax (GST/HST) measures proposed or referenced in the February 26, 2008 Budget. It amends the Excise Tax Act to expand the list of zero-rated medical and assistive devices and to ensure that all supplies of drugs sold to final consumers under prescription are zero-rated. It also amends that Act to exempt all nursing services rendered within a nurse-patient relationship, prescribed health care services ordered by an authorized registered nurse and, if certain conditions are met, a service of training that is specially designed to assist individuals in coping with the effects of their disorder or disability. It further amends that Act to ensure that a variety of professional health services maintain their GST/HST exempt status if those services are rendered by a health professional through a corporation. Additional amendments to that Act clarify the GST/HST treatment of long-term residential care facilities. Those amendments are intended to ensure that the GST New Residential Rental Property Rebate is available, and the GST/HST exempt treatment for residential leases and sales of used residential rental buildings applies, to long-term residential care facilities on a prospective basis and on past transactions if certain circumstances exist. This Part also makes amendments to relieve the GST/HST on most lease payments for land on which wind or solar power equipment used to generate electricity is situated.
Part 4 dissolves the Canada Millennium Scholarship Foundation, provides for the Foundation to fulfill certain obligations and deposit its remaining assets in the Consolidated Revenue Fund, and repeals Part 1 of the Budget Implementation Act, 1998. It also makes consequential amendments to other Acts.
Part 5 amends the Canada Student Financial Assistance Act and the Canada Student Loans Act to implement measures concerning financial assistance for students, including the following:
(a) authorizing the establishment and operation, by regulation, of electronic systems to allow on-line services to be offered to students;
(b) providing for the establishment and operation, by regulation, of a program to provide for the repayment of student loans for classes of borrowers who are encountering financial difficulties;
(c) allowing part-time students to defer their student loan payments for as long as they continue to be students, and providing, by regulation, for other circumstances in which student loan payments may be deferred; and
(d) allowing the Minister of Human Resources and Skills Development to take remedial action if any error is made in the administration of the two Acts and in certain cases, to waive requirements imposed on students to avoid undue hardship to them.
Part 6 amends the Immigration and Refugee Protection Act to authorize the Minister of Citizenship and Immigration to give instructions with respect to the processing of certain applications and requests in order to support the attainment of the immigration goals established by the Government of Canada.
Part 7 enacts the Canada Employment Insurance Financing Board Act. The mandate of the Board is to set the Employment Insurance premium rate and to manage a financial reserve. That Part also amends the Employment Insurance Act and makes consequential amendments to other Acts.
Part 8 authorizes payments to be made out of the Consolidated Revenue Fund for the recruitment of front line police officers, capital investment in public transit infrastructure and carbon capture and storage. It also authorizes Canada Social Transfer transition protection payments.
Part 9 authorizes payments to be made out of the Consolidated Revenue Fund to Genome Canada, the Mental Health Commission of Canada, The Gairdner Foundation and the University of Calgary.
Part 10 amends various Acts.

Elsewhere

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

Votes

June 9, 2008 Passed That the Bill be now read a third time and do pass.
June 2, 2008 Passed That Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, be concurred in at report stage.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 121.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 116.
April 10, 2008 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
April 10, 2008 Passed That this question be now put.
April 9, 2008 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House declines to give second reading to Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, since the principles of the Bill relating to immigration fail to recognize that all immigration applicants should be treated fairly and transparently, and also fail to recognize that family reunification builds economically vibrant, inclusive and healthy communities and therefore should be an essential priority in all immigration matters”.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 11:50 a.m.


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The Deputy Speaker Bill Blaikie

The hon. member for Outremont.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 11:50 a.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Mr. Speaker, I will begin by asking for the consent of this House to share my time with the member for Trinity—Spadina.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 11:50 a.m.


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The Deputy Speaker Bill Blaikie

The House has heard the request of the hon. member to split his time with the hon. member for Trinity—Spadina. Is there unanimous consent?

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 11:50 a.m.


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Some hon. members

Agreed.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 11:50 a.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Mr. Speaker, some of our colleagues have said they would indeed like to hear from her, and rightfully so, because the budget implementation bill before us today contains very important provisions that would drastically change Canada's immigration system. And my colleague, the opposition critic for immigration, will have some very important things to say on this.

Let us look at the budget situation. The budget is a rather complex document that includes all kinds of explanations, tables and graphs, and the same is true of the budget implementation bill. But if people really want to understand at a glance, through just one example, exactly where the Conservatives are going with this budget, I invite them to look at table 5.4 in the budget, and this can be consulted on-line.

We are currently at the beginning of April, which corresponds to the beginning of what we here in the House call a fiscal year or financial year. The government's budget ends on March 31, so we just began a new year, in budget terms.

For the current fiscal year, 2008-09, as well as for 2009-10, that is, over a two year period, the Conservatives plan to reduce corporate contributions by 14%. In other words, corporate taxes will drop by 14%. That same table shows that, at the same time, during the same two year period, the Conservatives plan to increase personal taxes by 12%. Thus, there will be a 14% reduction for businesses and a 12% increase for each of my colleagues, myself and everyone at home listening to this debate.

This is part of the budget package that the public has the right to know about and understand. As my colleague just said, this is an ideological choice the Conservatives made. But what makes me sad is to see the so-called official opposition stand up to ask questions and make comments, creating the illusion for Quebeckers and Canadians that they are against the budget, when in fact they are not. They are supporting the budget because they are voting for it. They are supporting the Conservatives' budget choices.

That is what happens when you have no convictions and you do not believe in anything. The public can really see the Liberals for who they are, based on one of the things they said recently. They said that their own well-being as a political party was the only reason for their behaviour. They are not thinking about the economy, the segments of society that need help, the fate of social programs or the crisis in Canada's manufacturing and forestry industries. The only thing that matters to the Liberal Party of Canada is the Liberal Party of Canada.

We in the NDP at least have a vision we uphold. We are not afraid of facing voters in an election. We are convinced that by meeting people and explaining the choices we are making and the actions we are taking to create a more just society and eliminate inequalities, we will win more public support for the New Democratic Party. That is what is happening in Quebec, as people realize the benefits of our platform and what we stand for.

Although I do not agree with the Conservative government and I do not approve of its budget choices or its vision of society, at least the Conservative position exists and is clear. I can quote the Conservatives' proposal to reduce corporate taxes by 14% and increase personal income tax by 12%. The public can make up their own minds.

However, it cannot be said that the Liberal Party of Canada has a clear position, because the sad fact is that it does not believe in anything.

I was listening to a question earlier. It was interesting to note the Conservatives' attitude. As you know, Canada is a very big country and, since World War II, the second largest in terms of land mass. Many generations worked very hard to build a balanced economy and they succeeded. We had a primary sector based primarily on natural resources—mining and forestry. And we had a processing sector—the plants and factories—for the most part concentrated in Ontario and Quebec, but also found across Canada, as they should be in a modern economy and within such a vast country as ours.

Naturally, in the past generation, the financial services sector has emerged. These services represent an increasingly important component of our economy. That makes for a balanced economy. We had a little bit of everything, including one of the highest levels of prosperity in the world.

The Conservatives are now in their third year in power. And what is happening under this Conservative government? Despite claiming to be a good manager, it is making some serious mistakes in managing our economy, a little like our neighbours to the south. It is interesting because they are both right-wing governments and they both claim to be competent administrators and to understand the realities. Earlier, we heard the insults. It is interesting that the Americans are in a recession—as their own government has admitted—and very soon we may be headed in that direction. Has the government made plans? Not at all. Does the budget do anything but exacerbate the problems? Unfortunately, it does not.

The Minister of Finance is talking about last fall's tax cuts as proof that he is doing something for business. However, a forestry or manufacturing company that did not make any profits certainly can not benefit from tax cuts: no profits, no tax. Where did that $14 billion go? It went to sectors that are overheating right now, including the oil sector in western Canada.

This is pushing our loonie to unprecedented heights. A high Canadian dollar makes it increasingly difficult to export what we manufacture here in Canada. A vicious circle is starting to take hold. Rather than act like prudent administrators and consider the possible outcome, they are doing the opposite. They are taking money from individuals and giving it to the richest companies. The NDP does not accept that. Our vision is entirely different.

I will share the rest of my time with the hon. member for Trinity—Spadina. Earlier, and yesterday and the day before yesterday during question period, I heard the Liberals lamenting the misdeed the Conservatives are about to commit in immigration, in other words, throw out a fair system where the rules are clear for everyone and replace it with a purely random and discriminatory system that focuses strictly on the arbitrary. It is true that the Liberals' chronic mismanagement has put 900,000 people on the waiting list. It is a tragedy resulting from scandalously bad management, but that is the Liberal trademark. However, it is no excuse for the Conservatives to replace the existing system with a system based on ideological choices that can result in the exclusion of some people because of their country of origin.

I will now leave the rest of my time to my colleague from Trinity—Spadina.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / noon


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Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, I listened very carefully to the member's comments. If I may quote him, to begin with he said that “the Liberal Party believes in nothing”. That is what the member for Outremont said. It seemed to me that he was Liberal bashing more than he was actually talking about the budget.

I would like to take this opportunity to inform the member of what the Liberal Party believes in.

First, the Liberal Party believed in the Romanow report. Not only did the Liberals meet the Romanow report in support of our health system, but according to Mr. Romanow the Liberals exceeded what the report requested.

The Liberals believed in the Kelowna accord.

The Liberals believed in the Atlantic accord.

The Liberals believed in supporting our cities with billions of dollars of transfers.

The Liberals also believed in the lumber industry. The member for Burnaby—New Westminster was there when I chaired the committee that the Liberal government was supporting, so I do not know what the member is referring to.

We also believed in the NDP--

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / noon


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The Acting Speaker Andrew Scheer

I am going to have to cut off the hon. member there and give the hon. member for Outremont just 30 seconds to respond, please.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / noon


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NDP

Thomas Mulcair NDP Outremont, QC

Mr. Speaker, I can inform my colleague that of the examples he gave us, the Kelowna accord, for example, was an idea that was 13 years late. The Liberals were there for 13 years. They did nothing. On the eve of an election, they said they were going to do something.

Let us look at what they did on climate change. The Liberals had the worst record in the world, with a 35% increase in greenhouse gas production in Canada for 13 years. As one of their five leaders said, they “didn't get the job done”.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / noon


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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeMinister of the Environment

Mr. Speaker, I listened with great interest to the speech by the member for Outremont. He did not talk about the great environmental benefits of the budget on massive carbon capture and storage and dirty coal-fired electricity.

The federal government has to act to reduce greenhouse gases and smog and pollution, because in my province of Ontario Dalton McGuinty is just not getting it done. We are going to bring in regulations requiring him to clean up his act. I am surprised that the hon. member, a former minister of the environment, did not mention the biggest corporate polluter in Canada. Do members know who heads that up? His name is Dalton McGuinty. He promised to close that down by last year and did not. Young children with asthma are suffering more because of that. Frail elderly seniors in Trinity—Spadina or Ottawa West—Nepean have to stay in their homes more often during smog days.

I wonder why the member did not mention more about the environment, because he was right in his last response when he said that greenhouse gas emissions did go up dramatically. Thank goodness we have a Prime Minister who is committed to getting the job done.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / noon


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NDP

Thomas Mulcair NDP Outremont, QC

Mr. Speaker, the fact of the matter is that Louis-Gilles Francoeur of Le Devoir summarized it best with an article entitled “La déviance canadienne”, or in English, “The Canadian deviance”. The environment minister's picture went with the article. Mr. Francoeur explained exactly what is wrong with the Conservative approach. There is no way we are going to meet our international obligations.

When I asked the minister what he was going to do about the billions of dollars this could cost Canada, he said he was going to send the bill to the Liberals. That is a cute quip in question period, but it does not answer a very serious question.

No, the Conservatives have shown that they do not understand the basic principles of sustainable development. If they did, they would be internalizing the costs.

For example, in Quebec the $3 it costs to recycle a tire in Quebec is added to the price of the tire. It is not fair for someone who takes the metro or the bus to work to pay for somebody else to recycle their tires, right? That is a basic principle: user pay, polluter pay, internalize the cost, and do the life cycle analysis of the product. The Conservatives do not do that.

For future generations, the greenhouse gas costs are going to be in the billions of dollars. It has to be internalized. If we do not do that, we are going to wind up doing what the Conservatives are doing, which is giving out cheques to private companies. That does not work. The cost has to be internalized and passed along to the people who are using it. Polluter pay and user pay are basic principles of sustainable development.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 12:05 p.m.


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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, I am proud to speak out against this budget bill because it is bad for immigrants, bad for our economy, and bad for Canada.

As an immigrant myself and as a member of this Parliament who represents one of Canada's most diverse communities, I am shocked that we are even debating such an amendment to Canada's immigration policy. I have heard from immigrant communities across Canada that are against the proposed sweeping changes in this budget implementation act.

I have heard reactions from communities across Canada that are very frustrated that these changes were made without consultations or studies. They are worried about the consequences this will have for families, and rightly so.

In Vancouver, I heard from communities that fear they will not be able to sponsor their relatives to join them from Vietnam, India, Pakistan and China. In Edmonton yesterday, I heard from Ukrainians, South Asians, Latin Americans and others who fear they will have an even harder time getting visitor visas than they already do. In Toronto, immigrant communities have joined together to fight these sweeping changes. No wonder.

Let us look at how this bill will affect these communities. It will introduce a quota system on immigration. It abrogates Parliament's responsibility to oversee Canada's immigration policy. It will facilitate queue jumping, with no accountability and no transparency. And it will support a fundamental shift in immigration policy, a shift to supporting industries that can best lobby for foreign workers and a shift away from family reunification and humanitarian causes.

The Ontario Council of Agencies Serving Immigrants says that with this bill Canada is moving away from its vision of immigrants as integral partners in the building of our country's future.

There are three amendments in the immigration portion of this budget bill that are fundamentally wrong. First, this gives the minister the right to discard applications, to pick and choose which types of immigrants and what type of work she wants them to do. If the minister thinks there are too many visible minorities or immigrants from particular groups in Canada already, she can pick a group of countries and discard applications from those countries. Or she can put the applicants from these countries at the bottom of the list and not process them for 10 years, if ever.

No wonder Mohamed Boudjenane of the Canadian Arab Federation called the changes “dangerous” and said that they could open the door to racial profiling.

No wonder Wayne Hanley, the president of the United Food and Commercial Workers, said that communities across Canada are profoundly disappointed, and he is opposed to allowing the minister the discretion not to process certain applications at all.

The minister said that Canada needs to bring in more workers and the profession she mentions most is that of doctor. However, the minister just deported a radiologist for no good reason and we need more radiologists.

This same minister and the Minister of Human Resources have failed to support a 42 year old doctor from the former U.S.S.R. who has been licensed in Canada but cannot find a residency to accept her because of her age. She is a rheumatologist and we need more rheumatologists. I know that because I hear from families in my community who are looking for this kind of doctor for their parents.

So really, this is not about skilled labour. It is about cheap labour. It is about what Karl Flecker of the Canada Labour Congress says is “creating a pool of disposable workers to do jobs at a wage that Canadians won't accept”.

If this bill passes, ordinary Canadians will not be united based on humanitarian and compassionate grounds, with overseas family members left behind because of extraordinary circumstances.

As well, why is the government taking away the ability and the right of applicants for visitor visas to go to court if their applications are turned down?

I met Que Ton Hong in Vancouver two days ago. She is getting married in July, but she cannot bring in her family to attend her wedding. She cannot bring in the person who raised her, her mother, for this joyous occasion. This is a shameful way to treat any person, let alone a Canadian citizen. Today Ms. Hong can choose to take immigration officials to court to fight for her right to bring her mother to Canada to attend a wedding, but with the changes in this budget bill, she would not be able to do so.

The NDP believes a better way exists by having Canada follow the example of England and Australia, where applicants whose visitor visas are denied have a right to appeal to a tribunal without being charged extra costs. It will free up the court system and provide a no-cost alternative chance to appeal for people whose visas are denied.

Instead, the Conservative government is moving in the opposite direction, a wrong direction. No wonder Victor Wong of the Chinese Canadian National Council said that the council had a lot of concerns. He suggested that the government go back to the drawing board.

The NDP has a better solution to clear the backlog, to fix our immigration system, to expand the number of immigrants to Canada, to hire more staff in our overseas offices and here, and to change the point system to bring more families to Canada.

Mr. Speaker, I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

this House declines to give second reading to Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008, and to enact provisions to preserve the fiscal plan set out in that budget, since the principles of the bill relating to immigration fail to recognize that all immigration applicants should be treated fairly and transparently, and it also fails to recognize that family re-unification builds economically vibrant, inclusive and healthy communities and therefore should be an essential priority in all immigration matters.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 12:10 p.m.


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The Acting Speaker Andrew Scheer

The amendment is in order so the debate will resume on the amendment.

We will go to questions and comments. The hon. Parliamentary Secretary to the Minister of Citizenship and Immigration.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 12:10 p.m.


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Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I listened to the member speak in favour of her amendment. I am quite surprised that the NDP would take that position after opposing every favourable immigration step that we have taken along the way.

I, too, have travelled across the country with that hon. member and heard from Canadians. What Canadians are in fact saying is that the current immigration system and the chaos in it is not good for Canada and not good for newcomers or employers. They are frustrated and upset and they want us to do something.

I will quote from the Vancouver Province editorial. It states:

Reform of Canada's immigration laws is long overdue....

But it makes no sense—and is unfair to applicants—to go on adding names to a waiting list that just grows longer and longer.

Wait times are in the nature of six or eight years. We need to get people in here in months and weeks. They are going to other countries and not actually coming through the system. I would like to know what the member has against shortening wait times, getting families reunited more quickly and getting the skills that we need into our country sooner.

The editorial goes on to state:

Under the new legislative proposals, the immigration minister will be able to speed up immigration procedures, both in cases of family reunion and to get needed workers into the country.

What the Tories are proposing is to bring order to the current chaos, while allowing immigration patterns to match national priorities.

Surely that is to the benefit of all Canadians, immigrants and newcomers included.

What does the member say to the employers, the employees and the newcomers who are frustrated by the years and years it takes to get into this country? What does she have to say to--

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 12:15 p.m.


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The Acting Speaker Andrew Scheer

The hon. member for Trinity—Spadina.

Budget Implementation Act, 2008Government Orders

April 3rd, 2008 / 12:15 p.m.


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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, I note that today the government had one speaker on the bill and no others. We will not be able to hear from the Minister of Citizenship and Immigration nor the Parliamentary Secretary to the Minister of Citizenship and Immigration. We will not be able to hear any Conservative members of Parliament speaking in favour of their budget bill.

If the Conservative government or the Minister of Citizenship and Immigration are tremendously proud of the sweeping changes, why are these three elements, which are critically important and very negative for the communities, hidden and buried in a huge budget implementation bill of 136 pages, presented to the House of Commons on a Friday afternoon after question period, just before the Easter break?

It makes no sense. If this is so important it should be at the immigration committee for debate.