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. The Library of Parliament often publishes better independent summaries.

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

June 2nd, 2008 / 3:15 p.m.
See context

NDP

Libby Davies NDP Vancouver East, BC

moved:

Motion No. 6

That Bill C-50 be amended by deleting Clause 121.

Motion No. 7

That Bill C-50 be amended by deleting Clause 122.

Motion No. 8

That Bill C-50 be amended by deleting Clause 123.

Motion No. 9

That Bill C-50 be amended by deleting Clause 124.

Motion No. 10

That Bill C-50 be amended by deleting Clause 125.

Motion No. 11

That Bill C-50 be amended by deleting Clause 126.

Motion No. 12

That Bill C-50 be amended by deleting Clause 127.

Motion No. 13

That Bill C-50 be amended by deleting Clause 128.

Motion No. 14

That Bill C-50 be amended by deleting Clause 129.

Motion No. 15

That Bill C-50 be amended by deleting Clause 130.

Motion No. 16

That Bill C-50 be amended by deleting Clause 131.

Motion No. 17

That Bill C-50 be amended by deleting Clause 132.

Motion No. 18

That Bill C-50 be amended by deleting Clause 133.

Motion No. 19

That Bill C-50 be amended by deleting Clause 134.

Motion No. 20

That Bill C-50 be amended by deleting Clause 135.

Mr. Speaker, I am pleased to rise in the House today to speak to these amendments at report stage of Bill C-50. My colleague from Acadie—Bathurst is the NDP EI critic, and all of us in the NDP caucus are very concerned and disturbed about what is taking place in Bill C-50, and the significant changes that are taking place to the employment insurance system.

We have previously debated changes that would take place to the immigration system and we had a lot of concerns about that. Certainly, on the amendments that are now before us, which will delete sections from the bill that have to do with setting up the new corporation for crown corporations, we think this is a wrong move by the Conservative government.

When we look back over the last 10 or 15 years, we see how much the employment insurance system has changed. It is very frightening. When workers in this country go to work, their EI deductions are made and employers pay their premiums. It is a system that workers believe in and feel they should be able to have faith that the system will work for them, that it will be there to help them through difficult times of being laid off or unemployed, particuclarly if they are seasonal workers.

That system previously worked. That system is paid for by employers and workers. There is not a penny of public funds or a penny from the government coffers in that system. It is a system designed to protect the interests of workers.

We know that today only about four in every ten male unemployed workers are collecting EI benefits at any given time. That is down from 80% in the 1990s. It is now down to 40%. It is even worse for women. Only one in three unemployed women are collecting benefits at any given time. That is down from 70% in 1990. Only 20% to 25% of unemployed workers in most major urban centres like Toronto or the Lower Mainland in Vancouver now receive benefits.

These are the statistics, but what is behind those statistics are the unbelievable hardship cases. People who, in good faith, work and pay into the EI fund and then when they apply for coverage because through no fault of their own they are laid off or unemployed, they find out suddenly that this system has, in effect, crashed. It is a system that does not work for them any more. In my own riding of Vancouver East there are many cases involving employment insurance. People come to my office who cannot understand why it is so difficult for them to get benefits and why they do not qualify any more.

Clearly, what has happened since the 1990s is that coverage has shrunk because there have been so many changes in the program rules. It began with the Liberal government and has now continued with the Conservative government. They are changes that have made it near impossible for workers to collect something that is their right, which is their unemployment insurance earnings.

In all urban centres, except Windsor, people now require 630 to 700 hours minimum to claim for 22 weeks or less. The threshold for new entrants is even worse. They need 910 hours and that really impacts young people, recent immigrants or women who are returning to work. All of these barriers exist to collecting something that people should have by right.

Under the current system, the basic benefit that is paid is 55% of the insured earnings, with a level of insured earnings averaged over a 26 week period, to a maximum of $423 weekly. That is not enough to live on. Is it any wonder that the income gap is growing between people who are affluent and doing very well and people at the bottom, working people particularly, who are really struggling? People who go on to EI basically live below the poverty line. They struggle to support their families and then end up going to food banks. These are the kinds of cases I have seen in my riding.

We know that the replacement rate for insured earnings was cut in 1996 from 57% to 55%, itself the result of a cut from 60% in 1993. That was a cut from 66% in the 1970s.

We can see that we have an insured earnings rate that went from 66% down to 55%. These are really appalling figures and they really tell the story of how bad things are under the EI system.

We want to bring this to light and to show how this is impacting millions of workers in this country. I want to congratulate the Canadian Labour Congress and many affiliates of the CLC who have valiantly kept pace, done the tracking, and done the monitoring of what is happening to the EI system. Many of these figures come from the Canadian Labour Congress. If we did not have that independent research being done, I do not think we would have any idea just how bad things have become.

We know that in this budget bill the government created the Canada employment insurance financing board act. We know that it has set up this separate crown corporation, but to add insult to injury is the fact that the surplus in the EI account is now at $54 billion. I cannot visualize that amount of money, but I know it is money that is being robbed from workers. I know it is money that has gone into general revenue that is being used for other purposes. Again, the previous government started it and the current government is continuing it. There are so many questions about what it will mean in terms of this new crown corporation.

One of the basic questions we have is, why is it that this crown corporation has only been set up with a fund of $2 billion, when even the Auditor General of Canada says that what is required for insurance purposes is closer to $10 billion to $15 billion? We are very concerned that not only has the system so fundamentally changed in Canada over the last 15 years but even this new setup that we are dealing with today is going to do a great disservice to workers.

It is going to be a situation where yet again workers get cut out. Workers lose entitlement and rights and there will be no oversight from Parliament. At least now we have had some parliamentary oversight of the goings on and the scandal really, and I do call it a scandal, of what has happened to EI. Now with this arm's-length crown corporation, where will that parliamentary oversight be?

We are very concerned about these changes in the budget implementation bill. Our leader, the member for Toronto—Danforth, when he was at the Canadian Labour Congress convention just last Thursday, spoke on this issue to the 1,800 delegates who were there representing all of their affiliates across the country. He pointed out that the former government treated the money in the EI fund like money that it found and could use it however it wanted. He pointed out that the $54 billion from the EI fund was used to pay down the debt. That was money that was owed to workers. That is money that belongs to workers.

We see this as the biggest theft in Canadian history. There is a great deal of anger among working people within the organized labour movement about what is taken from EI. I want to assure the affiliates of the CLC and all of the labour partners that we are not going to let this issue go. We are going to fight this tooth and nail because we think it is pretty scandalous the way workers are being ripped off in this country.

I know for example that the building trades, at their recent policy convention here in Ottawa, raised the issue of EI. The Liberals did not have any answers for them. The Conservatives did not have any answers for them even when they asked basic questions as to why the new board would only be allocated $2 billion.

We have made these amendments today under Bill C-50 because we are so outraged about the budget bill generally, how it is really robbing workers of very basic entitlements: to feel secure, to feel safe, and to feel like they have something that they can rely on when they are hit by hard times.

I know that all of us in the NDP will be fighting these changes and I hope that other colleagues in the House will rethink their position. It is pretty appalling that the Liberals are willing to sit on their hands and to let this terrible bill pass through the House. That is what they have done before and that is what they are prepared to do again today. It is pretty appalling that they are going to let workers down that way. We should be fighting for these rights. That is what we intend to do.

The House resumed consideration of 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, as reported (without amendment) from the committee, and of the motions in Group No. 1.

Budget Implementation Act, 2008Oral Questions

June 2nd, 2008 / 2:45 p.m.
See context

Whitby—Oshawa Ontario

Conservative

Jim Flaherty ConservativeMinister of Finance

Mr. Speaker, let us be clear. Bill C-50 is a budget bill. Votes with respect to amending Bill C-50 are matters of confidence. The member for Burlington is right. If the bill does not pass, the loss will be about $1.5 billion in key federal support in a number of areas, including $500 million for public transit, $400 million for new police officers, $250 million for carbon capture in Saskatchewan and Nova Scotia, $160 million to support genomics and biomedical research, and $110 million to help Canadians facing mental health challenges and homelessness.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 1:55 p.m.
See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I am pleased to provide some comment and to pose a question. Like us, the member is very concerned about the changes in Bill C-50, the budget implementation bill, particularly as it affects immigrants in our immigration system.

One of the concerns we have had is that there is a real shift taking place. Instead of focusing on family reunification and bringing people to Canada as permanent residents, there is an increase in the foreign worker program. We see this in the agricultural sector. We see it in large construction projects in British Columbia. We see it certainly in Alberta. There are now more foreign workers being processed than there are new permanent residents going to Alberta. There is a huge shift taking place.

When people come here as temporary workers, they virtually have no labour rights. They are very subservient to their employer because their permit comes from their employer.

I wonder if the member could comment on how the immigration system under this bill has dramatically shifted to this new class of workers and how it paves the way to exploitation. In fact already there are many documented cases of exploitation, of abuse, of people not getting even the minimum wage.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 1:45 p.m.
See context

Independent

Louise Thibault Independent Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I would like to take a few minutes to express my views on the amendments to Bill C-50 we are discussing.

First of all Bill C-50, in parliamentary terms, is intended to “implement” the budget, that is enact it, put into effect the announcements made, heard and clearly understood when the throne speech was delivered.

If that is the objective of this bill, then why has the Conservative government deliberately chosen to devote an entire part to immigration reform? And yet, a meagre $22 million over two years is allocated to this reform. Naturally, more monies are promised in future but they are not attached to anything at all.

There is something rather odd in the government's official documents. For example, on page 9 of the Budget in Brief, which discusses the reorganization—or modernization, to quote precisely—of the immigration system, one of the key phrases states that the goal is to make the immigration system more competitive.

When I read that, once again it made me think that it all part of the ideology espoused by the Conservative Party. Most of the time it considers the government to be a private corporation.

Why is this section on immigration included? I wonder.

Could it be an attempt to mislead parliamentarians? If not, could it be an attempt to humiliate the Liberals by introducing, in a confidence bill, a measure they would quite likely find unacceptable? The Liberals would find it unacceptable, but if they act as they have been acting for a number of weeks now, they will do anything but vote to bring down this government.

On the one hand, there are principles and convictions; on the other, there is the way these Liberals will choose to act in this House, because they are all legitimately elected members.

I see that my friend from Hull—Aylmer does not agree with what I am saying. He can ask me questions about it.

As members and representatives of their constituents, the 305 members currently in this House have an obligation to vote with integrity, on behalf of the people they represent. I would add that, as a general rule, we should avoid abstaining. This is just my opinion, but as I am entitled to it, I am sharing it.

The Liberals have said again that Canadians do not want an election. My friend said so earlier this morning in this House. Every time I hear that, I wonder when people ever do want an election. We are not talking about a national sport.

Often, when a crisis or scandal occurs, people's confidence in the government is so badly shaken that they call for an election. But it is not a question of waiting until the public calls for an election; it is a question of whether we in this House should pass bills that make sense and respect the people we represent.

Let us get to the heart of the matter: immigration. People who submit immigration or permanent residence applications often belong to the groups we call the most vulnerable—it saddens me to use that word, but this is true. Much of what we do, we do for these groups.

For the Conservatives to play “petty politics”—and I use the term “politics” loosely—at the expense of these people is truly disgraceful, especially when it seems to me that they are doing so specifically to humiliate the official opposition.

Looking at the provisions of the bill we are now discussing, I noticed the somewhat questionable direction the Conservative government wants to take in processing immigration applications.

The purpose of the change is to give as much latitude as possible to the minister—and therefore the government—in handling applications. This seems obvious to me and this has been said during the debate in this House. A number of my colleagues and I feel that that is the problem.

The goal is to bring in the workers needed most by industry, as quickly as possible, to the detriment of other types of workers. That is most likely why the government used that infamous expression I mentioned at the beginning of my speech, “a more competitive immigration system”, an expression typical of the private sector. Competition is fine, but should it drive our concerns as legislators? We have to wonder about that and debate the issue.

We know that the minister can give instructions on the following: the categories of applications to which the instructions apply; the order in which the applications are processed; the number of applications to be processed each year, by category; and what is done with the applications, including those that are re-submitted.

The instructions she gives will at least be published in the Canada Gazette. But how many MPs in this House, including myself, and how many of those watching us can say that they read the Canada Gazette at least once a year? It is not really a good tool for those affected or those targeted by this.

Obviously, during this time of labour shortage, applications need to be processed more quickly for those who want to come and work here. Nonetheless, the process can be sped up in different ways. More resources could be allocated to accelerate the process.

We all remember what happened at Passport Canada not so long ago, less than a year and a half ago. The number of applications made it impossible to issue passports efficiently, that is, in less than two months. The wait was more like two, three, even five months. The necessary resources were allocated and staff recruited, after which the government and officials were finally able to clear up the horrible backlog and process the applications.

Why has the government not looked into this possibility more closely?

The bill proposes making the rules arbitrary. When we hear the word “arbitrary”, alarm bells should go off, since making something arbitrary is always dangerous, regardless of who is in charge. The bill should have provided for changes to the rules, as I was saying earlier, to find the skilled workers we need, and to allocate money and the necessary resources.

I get the impression that this method could create a number of injustices—and when in doubt, we should be asking ourselves a lot of questions. Immigrants who submit an application for a resident permit on humanitarian grounds will find their claims have been added to the backlog. Furthermore, the bill explicitly gives the immigration officer the discretion to issue visas and other documents required to enter the country. In my opinion, this is a big setback for immigrants. Immigrants whose applications are not processed within the year or within the time set by the minister will probably have their applications returned.

I heard some Conservatives say that this was transparency, because this way people would know that their application had not been processed. But I think that if one of the members opposite were an immigrant, submitted an application and received similar treatment, he would be asking questions.

The Conservative government is choosing the solution that costs nothing, but, I believe, is an injustice, instead of choosing the logical solution, which would be to allocate the necessary funds to speed up the processing of applications, to make the process more predictable and to not restrict access for immigrants submitting an application for resident permits on humanitarian grounds.

These are the points I wanted to make. I am sure my colleagues in this House understand that I will vote in favour of the amendments proposed by the member for Jeanne-Le Ber.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 1:25 p.m.
See context

NDP

Judy Wasylycia-Leis NDP Winnipeg North, MB

Mr. Speaker, I am pleased to join in this debate on the budget implementation bill. We are debating specific amendments to the surprise addition to this legislation pertaining to immigration.

Let me say at the outset for all those watching this debate that this is a matter of fundamental significance for Parliament. We are dealing today with the government's budget and an act to implement the budget. This is an issue of confidence. The government must defend its record and win the support of enough colleagues to see its budget implemented so no election occurs.

By all accounts, if people are watching this debate, they should ask themselves how, if the Liberals are opposed to the budget and if the Bloc and New Democrats are opposed to the budget, is it possible for the government to still stand when there is very little confidence in this chamber and from Canadians across this land for the government's bill?

How can we and Canadians have confidence in the government for its road map for the future at a time when there is no job strategy in place, at a time when there is no industrial strategy in place, and at a time when there is not a shred of mention in the budget pertaining to health care, child care, education, training for the future, aboriginal people, or the environment?

Every issue that is of importance to Canadians today is ignored in the budget. The Conservative government is squandering a golden opportunity to take the surplus it still has and invest it in areas that are important to Canadians.

The government made a very unusual move when it slipped in to the bill a whole new section dealing with immigration. There was nothing in the budget about immigration when it was announced by the Minister of Finance. There was no reference to dealing with this supposed grave situation. Suddenly, in the midst of our debate on the budget, the government decided to throw in the issue of immigration. Why? Either it is indicative of just poor planning and poor collective work around the areas of importance to Canadians, or the government is trying to stick it to the Liberals.

We know this budget is not supported by the Liberals, so the government has thrown one more curve at them. This is a significant issue. It is so significant that it should make the Liberals stand up today and say whatever the consequences they will not support the government. This issue is so important that they should stand up and say they will not support a budget that does not meet the needs of ordinary Canadians. They should stand up and say they will not support a budget that does irreversible damage to Canada's longstanding record and progressive history when it comes to citizenship and immigration.

Bill C-50 must be defeated. The Liberals must have the courage of their convictions, and stand up once and for all and be counted because it matters. It matters that we tell Canadians that we mean what we say, and we do what we say we are going to do. Is it not fundamental to parenting, fundamental to families, and fundamental to communities, that we have integrity, honesty and decency?

How can we send a message to Canadians that this place is worth investing in, that it is important to vote, that it is important to run and get elected, if every time they turn around some politicians from the Liberals or the Conservatives are saying they do not like something but they are not going to do anything about it?

How is it today that Liberals are allowing the Conservatives to rule as if they have a majority? How can the Conservatives get away with these fundamental changes to our immigration system that will have lasting impacts all across this land?

I come from a riding that is one of the most multicultural constituencies in the country--

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 1:10 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to begin by acknowledging all the work the member for Trinity—Spadina has done on this aspect of Bill C-50. I know many other members of the New Democratic Party have risen in the House to raise concerns around the immigration aspect of Bill C-50, and I will add my voice to those other voices who have spoken out against what many would allege as a potential abuse of power by the immigration minister.

One of the things we know from the throne speech, the budget speech and now the budget implementation bill is there are some very serious issues that face our country with which the bill is simply failing to deal, whether it is forestry communities like mine where we have lost hundreds and hundreds of jobs over the last six months and now many forestry workers have run out of employment insurance because of the way the unemployment rate in our area is determined and there is no remedy for these forestry, or the fact that first nations, Métis and Inuit across the country still suffer from a lack of good, safe, quality housing, or first nations children cannot access the same quality of schools that other Canadian children can expect, or that many communities simply do not have access to clean, safe drinking water, or where many families are unable to access quality affordable publicly funded child care.

Once again, the bill was an opportunity to take a look at some of these very pressing and urgent matters facing workers and their families across the country.

However, we are talking specifically about immigration, and I will turn my attention to it.

In preparation for speaking in the House today, I asked my office to take a look at a variety of the immigration and refugee cases they dealt with as case work. The government alleges that this legislation would deal with the backlog. Yet we hear from people, fairly consistently, that this will simply shuffle the priorities around without dealing with the substantial numbers of people who want to come to Canada and make it their home.

There are a myriad of problems with which my office deals, so this is a quick look at some of the things we face in our office in Nanaimo—Cowichan.

One of the problems is the length of time it takes to process applications. It is difficult to see how resetting different priorities would deal with the length of time of applications. It will certainly fast track some people. It will certainly make some people get to Canada more quickly. However, when we are dealing with the 900,000 plus who are currently in the system, I fail to see how, without substantially more resources, juggling people around will deal with that substantial backlog.

The second is the arbitrary decisions of immigration and visa officers and the lack of appeal venues. Many times we have seen the applications of people turned down. The supporting documentation by the person who applies to come to the country seems to be all there, yet the reasons of the denial do not seem to match up with the information on file. Sometimes the lack of clear and effective communication between applicants and immigration staff is problematic. People do not exactly know why they have been turned down. What we have seen in many cases is applicants will be requested to provide a particular information. The applicants provide that piece of information and then the staff will come back and say that they now need another piece of information. Therefore, applicants provide that information, and this goes on month after month.

In another case a fairly prominent member of the community was getting married. This person wanted to bring in her mother and sister to Canada. All the appropriate forms were filled out and the office abroad said that the sponsoring person in my riding of Nanaimo—Cowichan had to make a decision. Either her mother or her sister could come to the wedding, but not both. This was not an application for immigration. It was simply a visitor's visa. However, the legislation will not address all of those problems in the system,

I know member for Trinity—Spadina and others have called for stand-alone legislation that would go in front of the immigration committee, where there would be an opportunity to fully review the legislation, to call witnesses, to talk about how the legislation would impact people's lives and to potentially amend it so it would be more reflective of what Canadians wanted to see in immigration legislation.

Unless we are one of the original peoples, each and every one of us in the House came from immigrant stock at one point. My mother is a first generation Canadian, I am very proud to say. My daughter-in-law is an immigrant. My grandson is a first generation Canadian on the mother's side.

Each and every one of us, at some point, are ancestors, unless we were one of the original peoples. We are immigrants. We know that immigrants have contributed to the richness and the diversity of ours country. We want an immigration system that reflects what we often have valued as Canadians, and that is fairness and transparency, equality of access, timely processing, which, sadly, is not the case right now.

A number of groups across Canada have spoken out and raised serious concerns about the legislation, including the bar association. It has said, “The Canadian Bar Association is urging Parliament to remove and not pass amendments”, calling them “a major step backwards in the evolution of Canadian immigration law.

Bill C-50 would return Canada “to a time when visas were given out on a discretionary basis, without sufficient objective criteria” said Stephen Green. He said, “the amendments are not necessary to meet Canada’s immigration goals”. He went on to say that the amendments were not necessary to meet Canada's immigrations goals. The changes would fast-track highly coveted immigrants, such as doctors and other skilled labourers, while others would be forced to wait in a queue. They would allow governments to set annual limits on a number of applications process.

Part of the argument around the legislation as well is that it would help us address critical skills shortages in Canada. Any of us who had been paying attention over the last 15 or 20 years knew quite well there would be some very serious critical skills shortages in a number of areas and called on the federal and provincial governments to jointly develop a human resource strategy that would address some of those critical skills shortages, whether it was in trades apprenticeships, or physicians, nurses, medical technologists, the list goes on and on. We have had 15 to 20 years. The baby boom was no surprise. We knew it was coming. We knew there would be a massive wave of retirements. Anybody could predict that Canada would be in some periods of economic growth, which would require a skilled labour force to meet those needs.

Instead, we have had successive federal governments simply sit on their hands instead of turning their energy into developing a human resource strategy that would address these critical skills shortages.

The Vancouver Olympics is a really good case in point. The Vancouver Olympics, once it was awarded, was an opportunity to train apprentices in Canada. Many first nations and Métis in British Columbia would have made highly qualified tradespeople, with some effort and attention. Instead, we are meeting much of the needs of the Olympics with temporary foreign workers. It was an opportunity to train first nations and Métis in the construction trades that would have left a legacy in their own communities once the Olympics was over. That would have been a true legacy left by the Olympics.

However, again, the federal government failed to move in that direction. Working closely with the provincial governments, it had an opportunity to do that and it failed. We now have workers coming in, building the buildings, the roads, all the structures that go into place to support the Olympics. Then they will leave and we will still have first nations and Métis who could have been quite successful tradespeople. It was a lost opportunity.

Many others have spoken up, including the UFCW, about the fact that the bill is a back door way to give the minister unfettered powers. Regulations will be put into place that we will have no oversight over because they are not part of the legislation.

I would argue that the House should not support Bill C-50 as a total because of the immigration changes inherent in the bill.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 1:10 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, by changing a word, “shall” to “may”, in the act, applicants could meet all the immigration requirements, receive sufficient points, but still be rejected.

That is perhaps one of the reasons the Liberal leader attacked this bill every day for two weeks in the House of Commons during question period. I read the newsletters going to constituents about how terrible these changes to the immigration act are and yet the Liberals run, hide and do not speak at the finance committee or in this House. Now, without the House of Commons even approving this bill, the Liberal dominated Senate is beginning to fast-track Bill C-50 through the Senate.

The Liberals are saying one thing to their communities, but acting completely different from that here in the House.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 12:50 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, the hon. member has a large number of south Asians in her community.

Throughout the last few months, as the immigration part of Bill C-50 has been debated, a large number of people from the community have phoned talk shows like Radio India and asked, how can the minister be above the law? Under the proposed legislation, the Minister of Citizenship and Immigration would be able to make decisions on what kinds of immigrants she and her department would like to have come in to the country without going through Parliament.

Many immigrant groups have said that one of the reasons they came to Canada was because of democracy and because Canada believes in the rule of law. They have said that elected representatives in the House of Commons should be making the decisions and those decisions should be given weight and value.

They are also alarmed by the fact that if the bill were to pass, the Minister of Citizenship and Immigration would, behind closed doors and without any consultation, make the decisions. Her decisions would then be published in the Canada Gazette.

How many of the member's constituents, especially from the south Asian community, read the Canada Gazette? Does she think they will know what kinds of changes would occur and what kinds of instructions the minister would give if the bill were to pass?

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 12:40 p.m.
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NDP

Penny Priddy NDP Surrey North, BC

Mr. Speaker, I rise today to speak to part 6 of Bill C-50 and the changes that are intended ostensibly for the Immigration and Refugee Protection Act. Really, however, these are changes that will make a difference in a negative way, I believe, in the lives of people in Canada and in the lives of people who will be encouraged to come to Canada but of course not stay.

This country was built on immigration. If Canada were not a country that believed in immigration, then I do not know who would be sitting here today. I do not believe that in this House today we have anyone whose family did not at some time immigrate to this country from another mother country, not 10 or 20 years ago but 100 or 150 years ago. The history of the very building of this country, from literally the first building built, has been one of people who have immigrated here.

The need for immigration also has been shown over the years. That is only becoming clearer as people have fewer children or choose to not have children. We need immigrants. We need new people coming to Canada in order to have this country be sustainable.

Very often in the current debate and in the debate that I have seen over the last few years, some of this gets driven by fear. So much of what we do and what happens, not just in our country but around the world, is based on fear. People talk about immigrants taking the jobs or immigrants getting ahead of them, as opposed to what immigrants have done for our country. Quite frankly, what immigrants have done for our country is actually to build it.

Before I move on to some specifics, for me this also speaks to an issue of how we manage things in government. I confess to being a first term federal member of Parliament, but I have served in a number of governments and am familiar with management strategies.

The management strategy when we have a long list is to simply decide that we will not serve some of the people on the list, that we will delete them, and it is not a management strategy that I would consider to be either particularly fair or particularly proactive. I ask my colleagues, where does this go next? Do we take a surgical wait list and decide that it is too long, that if a person's name starts with a B, for example, he or she is suddenly not on that list? Is that a management strategy?

There is a management strategy that we often see in government, not just in this government but we do it see here as well, in regard to government putting forth a policy that it thinks many Canadians are going to be unhappy with. This will be familiar to all people who have served in governments. The government will put it out late on Friday afternoon or on the last day of the sitting or try to include it in a much broader bill, where hopefully it will not get the same profile that it would as a stand-alone bill.

As has already been stated, this should have been brought forward as a stand-alone, as a change to the Immigration and Refugee Protection Act. If this is a new management strategy, and if old ones of course are used as well, I do not consider it to be very positive management.

We cannot now in this country even manage the professional immigrants who have come and who we have encouraged to come. They cannot practice their professions in Canada. There have been some small steps taken, but there are many physicians, engineers and accountants who are here and cannot get work in their trained professions. They are doing other work. All work is valuable work, but they are not working in the areas in which we so desperately encourage them and in which we so desperately need them.

This part of Bill C-50 went to the immigration committee. The committee looked at it and recommended that it not be included at all. I think the committee's unanimous advice, certainly that of the majority, was not to include this.

There is this interesting thing that happens in government with committees. They do a lot of work, they even pass a report, but there is no obligation after having done all this work for a government to actually act upon it.

In my experience in the community in which I come from, where probably 40% of people certainly are recently from other places other than Canada, it is that they have been waiting for two, three or four years and they are part of that group of 925,000 people waiting for their family members to join them. Sometimes it is grown sons and daughters who have all kinds of skills that they can bring to Canada.

I have seen families that have actually bought a new home that has a room in readiness for the person that they are so certain will at some time get to the top of the list and be allowed to come here. For many of these people, it has been at least five years of hopeful waiting, of counting on having parents, children, whoever that is here. Then they are told, “I am sorry, but those are some of the names that we took off the list. Better luck another time”. It is not fair to change the rules in midstream.

Again in my community, I know that the immigrant community is part of a huge economic driver in Surrey. It makes Surrey a very successful city. We are treating temporary workers as a product. We use them for three months and then dispose of them.

We can talk about how they will be safe and looked after, but there is no history to prove that. We have had workers come before, and we have seen that very recently in Vancouver, they do not make minimum wage. Sometimes they do. They do not get overtime. There is no guarantee of work and safety for them. I think people know that.

We have never had people come and say to them, “You don't have the right if you like being here to come back, to apply to stay here”. That is an abuse of wages. That is an abuse of people by putting them in unsafe working conditions. I thought we were long past having to put canaries down in mines. If these people dare to complain, then they are gone. They take it because that is the only money they will have.

I have been very pleased with what I have heard from the Liberal members. I am sure that as we vote on this, they will all be standing up to oppose it. I will be looking forward to seeing that because I judge people by their actions. All I have heard in the newspapers, in forums and in the House, is how bad Bill C-50 is. Naturally, I know that I can look forward tonight to all those members standing up and opposing the bill.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 12:30 p.m.
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Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, I am pleased to rise today to speak on the budget implementation bill, Bill C-50.

In the normal course of parliamentary debate, a budget discussion would ordinarily reflect a thorough examination of the government's fiscal policies and the state of the nation's finances. However, for some strange reason, the Conservatives have chosen to depart from our parliamentary tradition, and it is strange that they have decided to sneak in a major shift in immigration policy through the back door.

Our parliamentary tradition calls upon the government to introduce legislation according to departmental responsibilities, which is to say that a transportation bill would be proposed by the Minister of Transport or a defence bill would be proposed by the Minister of National Defence. Again, under normal circumstances, a proposed act is then debated separately for the simple reason that respective parliamentary committees, such as, for example, the Standing Committee on Transport, Infrastructure and Communities, or the Standing Committee on National Defence, would have the opportunity to review the proposed legislation according to its area of responsibility.

This is how a parliamentary democracy works. It is really quite straightforward.

My question, then, is this: on what grounds is the government justified in lumping an immigration bill in with the budget implementation act? If the Minister of Citizenship and Immigration is so convinced that her proposal is of vital importance to the country, why is she so afraid to introduce a separate bill and face the scrutiny where it is supposed to be faced? Why does the government insist upon making this a confidence motion?

Canadians know that Canada has been and continues to be the first choice for immigrants all across the world. I am an immigrant myself. The consequences of living in countries where the political environment is not conducive, or where citizens are expelled just because of their creed or colour, is a very devastating experience. Hence, we are fortunate to live in country like Canada, which is a pluralistic society that respects diversity. It respects the diversity of its citizens. It does not just tolerate it but respects it.

Therefore, why is the government trying in an underhanded manner to force an election by any means possible?

Canadians are not gullible. Just a few months ago, the Prime Minister attempted to force an election through Canada's participation in an the NATO mission in Afghanistan. When the Canadian public told the Prime Minister to stop playing politics with the lives of our men and women serving in the Canadian armed forces, he beat a hasty retreat back to the dark confines of the PMO in order to devise yet another scheme to force an election.

My constituents have told me and Canadians have repeatedly told us that they do not have a burning desire for an election. We have been elected as members of Parliament so that we can work on behalf of our constituents, not so we can run in series of continuous elections like some hamster on a treadmill. My colleagues in the Liberal caucus are committed to make this Parliament work, so let us take a closer look at the immigration proposal we now have before us.

Bill C-50 proposes a series of amendments to the Immigration and Refugee Protection Act that, quite frankly, are regressive. Successive Liberal governments had developed a system that would allow immigrant applications to proceed on their own merits in a fair and unbiased process. Everyone knows that for a small country like ours to grow it needs people, so there were certain criteria set up, and we know that we have had a diverse population come in and settle in Canada.

As the system evolved, the ministers relinquished their direct involvement in individual files in order to reduce any backlog, thereby making the process more efficient. Why does this minister want to go back? Why does she want the power to choose which people she wants to come in? Under the bill, the Conservatives are seeking to abandon all sense of transparency and objectivity in the selection process and simply empower the minister with absolute discretion and the ability to cherry-pick applications at will.

A Montreal-based immigration lawyer recently put it this way:

--the [current] selection of immigrants is based purely on objective criteria...everyone who chooses to submit an application to come live in Canada is entitled to be considered fairly. Under the new [immigration act], the Minister of Immigration...would have the discretion to determine not only which applications will be processed quickly and which ones will be held at the visa office until a later date, but also that some applications will be returned without any consideration at all. These are the ones that we should be most concerned about.

In other words, the Conservatives are attempting to toss out objectivity and fairness under the guise of expediency. Yes, there is a current backlog, but not because of the process. Rather, it is because the Conservatives have not made immigration a priority and have held back on new resources for the immigration department.

This bill represents a major change in the way we choose who is to become a Canadian citizen, yet the Conservatives feel it is okay to sneak it into a budget bill and somehow bamboozle the Canadian public. It is not going to work, because we will have to ensure that the House and all members of Parliament give it thoughtful consideration and that we debate it in a manner which is dignified and upholds our constituents and our people, who wish us to do a good job in debating this bill.

It seems that the Conservative members of this House are fixated on forcing an election rather than acting as a responsible government. When an election eventually occurs, I am sure that Canadians will remember this, because the Liberal government, under its Liberal policies, had invested a lot in immigration. If I remember where Vegreville came from, it was not under the Conservative government.

That we need efficiency in the system nobody denies, but we need to ensure that the process is transparent, fair and equitable and that the minister does not use her power of instruction to determine who would come in and who would not.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 12:15 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, perhaps no other area is indicative of the kind of incompetence we have seen over the last 20 years as the immigration area.

Essentially, under the former Liberal government and under the current Conservative government, we have seen chronic underfunding in immigration, which has led to huge backlogs developing.

The immigration system is a lot like the health care system. If we underfund it, if beds are not in place and if we do not have doctors and nurses staffing a hospital, then an adequate degree of health care cannot be provided.

That is exactly what we have seen from this chronic obsession with corporate tax cuts that has developed, particularly over the last 15 years.

The Conservatives and Liberals have been falling over each other trying to see who can give the biggest corporate tax cut to the most profitable companies in Canada without any exchange of jobs or any positive economic repercussions, which I will come back to in a moment. We have seen underfunding in immigration that has led to a crisis in the immigration sector.

The member for Kitchener—Waterloo said that this was a recent development, that the hundreds of thousands of people in the backlog in the system is a result of recent Conservative policies.

The Conservatives have mismanaged and botched this file enormously but to be fair to them, 700,000 of the over 900,000 people who are now in backlog in the system come from the former Liberal government. That chronic mismanagement, that underfunding, that inability to adequately staff consular offices and embassies around the world so we can adequately deal with the immigration work the government must be dealing with, started under the Liberals. We have seen mismanagement from the former Liberal government and mismanagement from the current Conservative government, and that has led to this backlog of nearly one million individuals.

What is the solution? The NDP has been saying very clearly what the solution needs to be. We need to invest in the immigration system so that it functions, in the same way we need to invest in the health care system. The government has to stop this appalling obsession with bigger and bigger corporate tax cuts, which has led over the last 20 years to two-thirds of Canadians earning less now than they were in 1989.

That strategy, that one note band that we have seen under the Liberals and the Conservatives, clearly has not functioned. We need to reinvest so that we have a federal government and government institutions that are functioning effectively. Instead of doing that, we have the Conservatives trying to rewrite the rule book. They realize the backlog is too long so under Bill C-50 in the immigration provision they give the minister dictatorial powers to simply delete names from a list.

Does that make any sense whatsoever? If the backlog is a problem, we give the minister power to delete names. That is essentially what the Conservatives are offering.

They have another strategy. They want to turn the immigration system from encouraging family reunification and encouraging building communities. In my community in Burnaby—New Westminster, the bulk of the community has come from immigration over time and those families who have reunited here in Canada have helped to build and underpin the growth of our communities.

Instead of doing that, the Conservatives have decided that they want to import temporary foreign workers at lower wages and not subject to health and safety standards, essentially indentured servants. They will be brought in by companies but if they quit or are fired because of appalling working conditions, they will be sent home.

That is not how Canada was built. I had hoped that we had learned the lessons of the 19th century and the appalling racism that existed then but, no. We see the Conservatives trying to re-enact the kind of indentured servitude that we saw in the past.

The NDP is opposing this legislation because it simply does not make sense. The Conservatives lack managerial capacity. It is obvious from the fact that the Minister of International Trade now holds four ministerial portfolios because there is nobody, outside of himself, who is considered by the Prime Minister to actually have the ministerial competence to handle a ministry.

The Conservatives, obviously, are unable to effectively manage government institutions. We see the net result of that in the government's great strategy. The brain trusts, the rocket scientists in the PMO have solved the problem. They want to give the minister the power to delete names from the list and then we no longer have a waiting list.

We can extend this to other areas as well, such as health care. Why do we not just delete sick patients from the list and then all of a sudden the Canadian population would be much healthier? The Conservative approach to management boggles the mind. When we say “effective Conservative management”, that is an oxymoron.

We have a bad bill. We have a bill that does not deal with the backlog and the chronic underfunding in the Department of Citizenship and Immigration. It simply gives the minister power to delete names and bring in temporary foreign workers. The NDP rises in the House and says that it will fight this bill on behalf of new Canadians from coast to coast to coast because it is bad policy and it is bad for Canada.

The folks who actually caused the immigration backlog, or most of it, the 700,000 names that were on the backlog list until January 2006 under the Liberal watch, they say that that they opposed to the bill but that they will let it go through. Some members will speak against it, and some principled members, like the member from Kitchener, will actually vote against it, but the leader of the Liberal Party will let this bill go through. It is absolutely appalling.

If the Liberals recognize that this is a completely wrong-headed approach to dealing with the crisis of underfunding in the immigration department, then they should have the courage of their convictions to stand in the House of Commons and vote against this bill. They should follow the lead of the NDP and the member for Toronto—Danforth and say that this is bad for Canada and that they will vote against it.

We know that will not happen because we have seen, over the past year, time and time again, the Liberal leader prop up and support the Conservative government on all issues, not just on immigration and on the budget, but on the security and prosperity partnership and a wide range of issues. On the war in Afghanistan, we saw the Liberals as simply an appendage of the Conservative government. That is just not good enough.

Members of Parliament are elected to stand in the House and vote. Members of Parliament are elected to take principled stands when we know a bill is bad for Canada and that it will harm this country and the approach we have had on immigration which has helped to build better communities across this country from coast to coast to coast. When we know a bill is bad it is our job to stand in the House and oppose it. The leader of the Liberal Party, however, will not oppose any Conservative policy that has a confidence vote attached to it. The Conservatives essentially have free rein.

In the few moments I have remaining, I would like to deal with some of the myths and misconceptions that the Conservatives have put out about Bill C-50. One of the things the Conservatives have said is that they have welcomed more people to Canada. That is not true. In fact, the landed immigrant status numbers have gone down.

However, what has happened is an explosion of temporary foreign workers, indentured servants, who are being brought into Canada on a temporary basis if they are on good behaviour with their companies. As we have seen in many cases, people are working 70 or 80 hour weeks with no overtime and are often being paid below minimum wage. They are not subject to health and safety standards. If they speak out about being paid minimum wage or below minimum wage they could get shipped back home. It is simply not true that the numbers have increased.

Bill C-50 contains nothing to deal with the fundamental mismanagement that we saw under the Liberal Party and now under the Conservative Party. It contains nothing to deal with the fundamental truth that neither of those parties are very good managers. It is for those reasons that the NDP will rise in the House and oppose the bill.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 12:15 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I appreciate that the hon. member has been punished by his Liberal leader for taking principled stands in the House of Commons. In no way should members of the Liberal Party be allowing Bill C-50 to go through. The Liberal Party should be standing with the NDP, as is the Bloc, to block the legislation. It is a question of immigration fairness.

Given that the Liberal Party has said it is opposed to Bill C-50, will the member press his leader to have Liberals in the House vote and stop this bill? If the Liberal Party votes against it, the bill is stopped.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / 12:10 p.m.
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Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

Mr. Speaker, the member says that he does not agree with what I said, but what I said was pretty well true as the message relates to the immigration system. I am sure if my colleague across the way heard all I said and if we could be involved in a dialogue, I am sure he would agree with me.

I voted along with my colleagues on the citizenship and immigration committee against Bill C-50. I voted for the report. I expect I will do that again.

My positioning in the House, where I stand and sit, is exactly because I have voted the way I said I would on particular issues.

If some of my colleagues engage in strategic voting, then I guess the determination has been made by my party that they do not want to trigger an election on this issue because they think there is a more appropriate issue on which to trigger an election. I am really mindful and concerned of the political games that the government has been playing with this issue.

As soon as Bill C-50 came down, and I have said it publicly and in the press, I said that the government was looking to do a little immigrant bashing. The Conservatives saw what happened in the province of Quebec in the last provincial election. They saw the position advanced by the ADQ. They also saw the reaction to the reasonable accommodation debate in the province of Quebec. I believe the government made a conscious decision not to deal with legislation on immigration, but to take advantage of those feelings, hoping that it might win it a few more seats.

Budget Implementation Act, 2008Government Orders

June 2nd, 2008 / noon
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Liberal

Andrew Telegdi Liberal Kitchener—Waterloo, ON

Mr. Speaker, I am pleased to engage in the debate on Bill C-50. I will look particularly at the issue as it pertains to Part 6, which deals with changes to the Immigration Refugee Protection Act.

I will preface that by saying immigration has been the lifeblood, continues to be the lifeblood and will be the lifeblood of our country. We know in the next five years 100% of our net labour growth will be met by new immigrants. This is where we will have to look for growth. It is important for us to be cognizant of the demographic challenge we face as a nation.

I will go back a bit in the historical perspective, because there are a lot of things that are wrong with the bill.

First, the very fact that such huge, major changes to the Immigration Act are in a budget implementation bill is totally wrong. We heard in the House and across the country that it was not the way to deal with the legislation, to the extent the finance committee referred that section of the bill to the citizenship and immigration committee.

The committee unanimously passed a motion saying that part 6 pertaining to immigration should be struck from the bill because the changes contemplated would be major and would really determine, in a very real sense, the future of our country, the future population make-up of the country.

I said I wanted to go back and talk a bit about history. I remember when we changed the Immigration Act back in 2001. The changes proposed and ultimately adopted were ones that the citizenship and immigration committee itself opposed at the time. The reason we did that was we ended up with a very elitist point system. It essentially meant that many of the people the economy actually needed would not get into the country because of our immigration policies in terms of people applying to our country as economic class immigrants.

I want to underline that those changes were driven by the bureaucracy. I suppose it made their jobs easier, but it did not address the needs of our immigration system. One of the real disconcerting things about that, and as I said the bill was driven by the bureaucracy, was that we developed an elitist point system, which focused on education and abilities to speak the language.

By education. I mean university degrees or the ability to speak French or English. Those were the primary drivers of that point system. Under that point system, people like Frank Stronach of Magna International would never have come to Canada. Frank Hasenfratz, chairman of Linamar, who employs well over 10,000 people, would never have come to Canada. John A. Macdonald, the first prime minister of the our country would not have come to Canada, nor would Tommy Douglas. Wayne Gretzky's ancestors would not have come to Canada. Mike Lazaridis, the gentleman who invented the BlackBerry, which all members of the House like to use, would not have come to Canada because the system was too elitist.

When the committee tried to deal with the issues, when we tried to deal with the backlog, when we tried to deal with applying the new point system to ensure did not apply to people already in the queue, we were misinformed by the bureaucracy. This should be a real concern. It was not until the Dragan v. Canada case in the Federal Court, which dealt specifically with the issue, did we find that only was the committee misled by the bureaucracy, but governor in council was misled as well.

There is a basic problem with the way we make decisions around immigration issues. I have been on the citizenship and immigration committee since 1998, and during that time there have been seven immigration ministers. With seven ministers, the committee really did not have an opportunity to learn the file. The decision was, for the most part, and this has been my experience, driven by the bureaucracy.

The proposal in the legislation is not being driven by the present minister because she is a brand new minister. Her record of achievement includes being the first minister in a decade to miss our immigration targets of 240,000 to 265,000 people. She is also the minister who has created a record backlog in the refugee determination system. She is also the minister who denied the reality of lost Canadians, saying there were hundreds of people involved. Then we found out there were actually hundreds of thousands of lost Canadians, which necessitated the legislation. It is under the present minister that the backlog has grown by huge numbers. There was not a large backlog under the previous government.

The bill would remove certainty from people wishing to come to Canada. It would change dramatically the rules of those who play by the rules and qualify for entry. Instead of saying a visa would be issued to these folks, the legislation would say that a visa may be issued to them.

There are problems in our Immigration Act, but they are all fixable. The way we are proceeding, under a budget implementation act, without the scrutiny it should receive, we will not make the right decision any more now than we did in 2001. We are making the wrong decision now and it will totally destroy some of the good things in our immigration system like transparency and objectivity. Our system underlines a premise that has been copied by Australia, New Zealand and England. The United States is looking at it now.

We have to develop a points system that would mesh with what our economy needs. Under the proposed legislation, carpenters, or electricians or labourers, who we need, would not get in the country. These jobs are available all across Canada.

I travelled with the citizenship and immigration committee three times across Canada in the last five years. One thing that has become clear is the fact that there is a real disconnect between what the economy needs and what individuals we allow to come in under the points system.

It would be impossible for me to outline all the changes that I think should be made. I agree with most of the witnesses who appeared at committee. We can make changes that are transparent. We can make changes that will deal with the needs of the economy. We can do this with certainty.

The system we are devising would make us dependent on thousands of temporary foreign workers, yet the people at the lower end of the skill set would be unable to bring their families with them. This is reminiscent of the time when the Chinese were brought into our country to help build the railway in the late 1800s. When the railway was finished, we tried to get rid of them. We do not want to go down that path again.

We need an immigration system that is realistic. We need an immigration system that not only reflects family reunification, but also reflects what our economy needs. We can also make better use of humanitarian clauses as they relate to refugees.