Budget Implementation Act, 2009

An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

Part 1 implements income tax measures proposed in the January 27, 2009 Budget. In particular, it
(a) increases by 7.5% above their 2008 levels the basic personal amount and the upper limits for the two lowest personal income tax brackets, thereby also increasing the income levels at which income testing begins for the base benefit under the Canada Child Tax Credit and the National Child Benefit supplement;
(b) increases by $1,000 the amount on which the Age Credit is calculated;
(c) increases to $25,000 the maximum amount eligible for withdrawal under the Home Buyers’ Plan;
(d) introduces amendments to the rules related to Registered Retirement Savings Plans and Registered Retirement Income Funds to allow for recognition of losses in accounts between the time of the annuitant’s death and final distribution of property from the account;
(e) repeals the interest deductibility constraints in section 18.2 of the Income Tax Act;
(f) extends the mineral exploration tax credit for one year;
(g) increases to $500,000 the annual amount of active business income eligible for the 11% small business income tax rate and makes related amendments;
(h) clarifies rules relating to timing of acquisition of control of a corporation; and
(i) creates cost savings through electronic filing of tax information.
In addition, Part 1 implements income tax measures that were referenced in the January 27, 2009 Budget and that were originally proposed in the February 26, 2008 Budget but not included in the Budget Implementation Act, 2008. In particular, it
(a) clarifies the application of the excess corporate holdings rules for private foundations;
(b) increases the amount that corporations will be able to pay as “eligible dividends”;
(c) enacts several regulatory amendments that complement and complete measures enacted in the Budget Implementation Act, 2008;
(d) introduces minor adjustments to the Tax-Free Savings Account rules and the scientific research and experimental development investment tax credit rules included in the Budget Implementation Act, 2008;
(e) implements rules in respect of donations of medicines; and
(f) reduces the paper burden on businesses by allowing a larger number of government entities to share Business Number-related information in connection with government programs and services.
Part 1 also implements other income tax measures referred to in the January 27, 2009 Budget that either were themselves previously announced or flow directly from previously announced measures. In particular, it
(a) implements technical changes relating to specified investment flow-through trusts and partnerships and new tax rules to facilitate the conversion of these entities into corporations;
(b) contains amendments to take into account financial institution accounting changes;
(c) extends the general treatment of capital gains and losses on an acquisition of control of a corporation to gains and losses that result from fluctuations in foreign exchange rates in respect of debt denominated in foreign currency;
(d) enhances the carry-forward for investment tax credits;
(e) implements amendments relating to the computation of income, gains and losses of a foreign affiliate;
(f) implements amendments to the functional currency tax reporting rules;
(g) implements minor tax amendments relating to interprovincial allocation of corporate taxable income, the Wage Earner Protection Program and the Canada-United States tax treaty’s rules for cross-border pensions;
(h) provides for an extension of time for income tax assessments that are consequential to provincial reassessments;
(i) ensures the appropriate application of the Income Tax Act’s trust rules to certain arrangements and institutions under Quebec civil law;
(j) enacts regulatory amendments relating to prescribed amounts for automobile expenses and benefits, eligible medical expenses, and the tax treatment of foreign affiliate active business income earned in a jurisdiction with which Canada has concluded a tax information exchange agreement;
(k) introduces rules to reduce the required minimum amount that must be withdrawn from a Registered Retirement Income Fund or from a variable benefit money purchase pension plan by 25% for 2008, and allows related re-contributions;
(l) extends the deadline for Registered Disability Savings Plan contributions; and
(m) modifies the provisions relating to amateur athletic trusts.
Part 2 amends the Excise Act, 2001 and the Excise Tax Act to implement measures to reduce the paper burden on businesses by allowing a larger number of government entities to share Business Number-related information in connection with government programs and services.
Part 3 amends the Customs Tariff to implement measures announced in the January 27, 2009 Budget to
(a) reduce Most-Favoured-Nation rates of duty and, if applicable, rates of duty under other tariff treatments on a number of tariff items relating to machinery and equipment imported on or after January 28, 2009;
(b) divide tariff item 9801.10.00 into two separate tariff items pertaining to conveyances and containers, respectively, and make two technical corrections, effective January 28, 2009; and
(c) modify the tariff treatment of milk protein substances, effective September 8, 2008.
Part 4 amends the Employment Insurance Act until September 11, 2010 to extend regular benefit entitlements by five weeks. It also provides that a pilot project ceases to have effect. In addition, it amends that Act to provide that the cost of benefit enhancement measures under that Act, provided for in the budget tabled in Parliament on January 27, 2009, are not to be charged to the Employment Insurance Account. Finally, it sets the premium rate provided for under that Act for the years 2002, 2003, 2005 and 2010.
Division 1 of Part 5 amends the Financial Administration Act to authorize the Minister of Finance to take, subject to certain conditions, a number of measures intended to promote the stability or maintain the efficiency of the financial system, including financial markets, in Canada.
Division 2 of Part 5 amends the Canada Deposit Insurance Corporation Act to provide the Canada Deposit Insurance Corporation with greater flexibility to enhance its ability to safeguard financial stability in Canada. The Division also adds Tax-Free Saving Accounts as a distinct category for the purposes of deposit insurance. It also makes consequential amendments to other acts.
Division 3 of Part 5 amends the Export Development Act to, among other things, expand the Export Development Corporation’s mandate to include the support and development of domestic trade and business opportunities for a period of two years. The period may be extended by the Governor in Council. Division 3 also increases the Corporation’s authorized capital.
Division 4 of Part 5 amends the Business Development Bank of Canada Act to increase the maximum amount of the paid-in capital of the Business Development Bank of Canada.
Division 5 of Part 5 amends the Canada Small Business Financing Act to increase the maximum outstanding loan amount in relation to a borrower. It also increases individual lenders’ cap on claims. These amendments will apply to new loans made after March 31, 2009.
Division 6 of Part 5 amends a number of Acts governing federal financial institutions to improve access to credit and strengthen the financial system in Canada, including amendments that will
(a) provide new authority for further safeguards to promote the stability of the financial system;
(b) enhance consumer protection by establishing new measures to help consumers of financial products; and
(c) implement other technical measures to strengthen the financial sector framework in Canada.
Division 7 of Part 5 provides for payments to be made to provinces and territories, provides authority to the Minister of Finance to enter into agreements respecting securities regulation with provinces and territories and enacts the Canadian Securities Regulation Regime Transition Office Act.
Part 6 authorizes payments to be made out of the Consolidated Revenue Fund for various purposes, including infrastructure and housing.
Part 7 amends Part I of the Navigable Waters Protection Act to create a tiered approval process for works in order to streamline the approval process and to exclude certain classes of works and works on certain classes of navigable waters from the approval process. This Part further amends Part I of the Act to clarify the scope of the application of that Part to works owned or previously owned by the Crown, to provide for the application of the Act to bridges over the St. Lawrence River and to add certain regulation-making powers.
Part 7 also amends the Act to clarify the provisions related to obstacles and obstructions to navigation. The Act is also amended by adding administration and enforcement powers, consolidating all offence provisions, increasing fines and requiring a review of the Act within five years of the amendments coming into force.
Division 1 of Part 8 amends the Wage Earner Protection Program Act and the Wage Earner Protection Program Regulations to provide that unpaid wages for which an individual may receive payment under the Wage Earner Protection Program include unpaid severance pay and termination pay.
Division 2 of Part 8 amends the Canada Student Financial Assistance Act to, among other things,
(a) require the Chief Actuary of the Office of the Superintendent of Financial Institutions to report on financial assistance provided under that Act; and
(b) authorize the Minister of Human Resources and Skills Development to suspend or deny financial assistance to all those who are qualifying students in respect of a designated educational institution.
Division 2 of Part 8 also amends both the Canada Student Financial Assistance Act and the Canada Student Loans Act to, among other things,
(a) terminate all obligations of a borrower with respect to risk-shared loans and guaranteed loans if the borrower dies;
(b) authorize the Minister of Human Resources and Skills Development to require any person who has received financial assistance or a guaranteed student loan to provide that Minister with documents or information for the purpose of verifying compliance with those Acts; and
(c) authorize that Minister to terminate or deny financial assistance in certain circumstances.
Division 3 of Part 8 amends the Financial Administration Act to provide express authority for agent Crown corporations to lease their property, restrict the appointment of employees of a Crown corporation to its board of directors, require Crown corporations to hold annual public meetings, clarify Treasury Board’s duties to indemnify Crown corporation directors and officers, permit more flexibility in the frequency of special examinations of Crown corporations, and require the reports of special examinations to be submitted to the appropriate Minister and Treasury Board and made public. This Division also makes consequential amendments to other Acts.
Part 9 amends the Federal-Provincial Fiscal Arrangements Act to set out the amount of the fiscal equalization payments to the provinces for the fiscal year beginning on April 1, 2009 and amends the method by which fiscal equalization payments will be calculated for subsequent fiscal years. It also amends the method by which the Canada Health Transfer is calculated for each fiscal year in the period beginning on April 1, 2009 and ending on March 31, 2014.
Part 10 enacts the Expenditure Restraint Act. The purpose of that Act is to put in place a reasonable and an affordable approach to compensation across the federal public sector in support of responsible fiscal management in a difficult economic environment.
It sets out rules governing economic increases to the rates of pay of unionized and non-unionized employees for periods that begin during the period that begins on April 1, 2006 and ends on March 31, 2011. It also continues certain other terms and conditions at their current levels. It preserves the right of collective bargaining with regard to other matters and it does not affect the right to strike.
The Act does not preclude the continued development of workplace improvements by employers and employees’ bargaining agents through the National Joint Council or other bodies that they may agree on. It also permits bargaining agents and employers to agree to the amendment of certain terms and conditions of collective agreements or arbitral awards.
Part 11 enacts the Public Sector Equitable Compensation Act and makes consequential amendments to other Acts. The purpose of the Act is to ensure that proactive measures are taken to provide employees in female predominant job groups with equitable compensation.
It requires public sector employers that have non-unionized employees to determine periodically whether any equitable compensation matters exist in the workplace and, if so, to prepare a plan to resolve them. With respect to public sector employers that have unionized employees, the employers and the bargaining agents are to resolve those matters through the collective bargaining process.
It sets out the procedure for informing employees as to whether an equitable compensation assessment was required to be conducted and, if so, how it was conducted, and how any equitable compensation matters were resolved. It also establishes a recourse process for employees if the Act is not complied with.
Finally, since the Act puts in place a comprehensive equitable compensation scheme for public sector employees, this Part amends the Canadian Human Rights Act so that the provisions of that Act dealing with gender-based wage discrimination no longer apply to public sector employers. It extends the mandate of the Public Service Labour Relations Board to allow it to hear equitable compensation complaints and to provide other services related to equitable compensation in the public sector.
Part 12 amends the Competition Act. The amendments include
(a) introducing a dual-track approach to agreements between competitors, with a limited criminal anti-cartel provision and a civil provision to address other agreements that substantially lessen or prevent competition;
(b) providing that bid-rigging includes agreements or arrangements to withdraw bids or tenders;
(c) repealing the provisions dealing with price discrimination and predatory pricing, replacing the criminal resale price maintenance provision with a new civil provision to address price maintenance practices that have an adverse effect on competition, and repealing all provisions dealing specifically with the airline industry;
(d) introducing an administrative monetary penalty for cases of abuse of dominant position, increasing the maximum amount of administrative monetary penalties for deceptive marketing cases, and increasing the maximum fines or terms of imprisonment, or both, for agreements or arrangements between competitors, bid-rigging, criminal false or misleading representations, deceptive telemarketing, deceptive notice of winning a prize, obstruction of Competition Bureau investigations and failure to comply with prohibition orders or production orders;
(e) clarifying that, in proceedings under section 52, 74.01 or 74.02, it is not necessary to establish that false or misleading representations are made to the public in Canada or are made in a place to which the public has access, and clarifying that the “general impression test” applies to all deceptive marketing practices in sections 74.01 and 74.02;
(f) providing that the court may make an order in respect of cases of false or misleading representations to require the person who engaged in the conduct to compensate persons affected by the conduct, and may issue an interim injunction to freeze assets if the Commissioner of Competition intends to ask for such a compensation order; and
(g) introducing a two-stage merger review process for notifiable transactions, increased merger pre-notification thresholds and a reduced merger review limitation period.
Part 13 amends the Investment Canada Act so that the review of an investment will be applied only to the more significant investments. It also amends the Act to allow more information to be made public. This Part also provides for the review of foreign investments in Canada that could threaten national security and allows the Governor in Council to take any measures that the Governor in Council considers advisable to protect national security, such as prohibiting a non-Canadian from implementing an investment.
Part 14 amends the Canada Transportation Act to provide the Governor in Council with flexibility to increase the foreign ownership limit from the existing levels to a maximum of 49%.
Part 15 amends the Air Canada Public Participation Act in relation to the mandatory provisions in the articles of Air Canada regarding constraints imposed on the issue, transfer and ownership of shares. It provides for the repeal of the provisions requiring that the articles of Air Canada contain provisions imposing limits on non-resident share ownership and the repeal of the provisions requiring that the articles of Air Canada contain provisions respecting the enforcement of these constraints.

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

March 4, 2009 Passed That the Bill be now read a third time and do pass.
March 4, 2009 Passed That this question be now put.
March 3, 2009 Passed That Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 394.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 383.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 358.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 317.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 445.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 295.
March 3, 2009 Failed That Bill C-10 be amended by deleting Clause 6.
Feb. 12, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
Feb. 12, 2009 Passed That this question be now put.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 5:40 p.m.


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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, my colleague from Saint-Maurice—Champlain spoke earlier about part 7 of Bill C-10, which is a part that I personally find very important. Is he aware that, when this part of the bill was studied in committee, 28 witnesses were invited, none of whom were from Quebec? This is incredible given how many lakes we have in Quebec. And we have issues because the 1882 law, which became the 1886 law, was revised and became the 1985 law. But it does not reflect the reality of the majority of our lakes in Quebec.

I am very proud to hear that the member for Saint-Maurice—Champlain will not support this bill, which, in my opinion, is completely inadequate for Quebec.

Is he aware that the bill does not even include secondary bodies of water even though the department's civil servants recommended them? It does not include secondary work either. I would like to hear his opinion on this.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 5:45 p.m.


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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Madam Speaker, the hon. member is obviously referring to the part when I spoke about navigable waters. The most important point is that we are giving a minister, a single person, power that he would never have been given if the parts of this bill had been studied separately.

The Conservative government took advantage of the fact that it would have the Liberals' support and introduced a number of elements into its bill that are even against the Liberals' philosophy and views. But, knowing that they would support the budget, the government took advantage of that and included measures such as this one, which gives the minister, a single person, the authority to define waterway and decide which structures will not require an environmental study. The minister can decide which structures can be built where, without referring to environmental studies. That is absolutely unacceptable.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 5:45 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Madam Speaker, I am pleased to speak on this important bill, which illustrates the profound differences between the parties in this House. This brings to light all the challenges we have with a third minority government in a row. This is the first time in Canadian political history that there have been three minority governments in a row: the Liberal minority government of Paul Martin, followed by two Conservative minority governments led by the current Prime Minister.

I say this by way of introduction to explain that, clearly, the government has had to become accustomed to this situation and find various ways to deal with the presence of other political forces in this House. Let us look at the differences in approach.

When Paul Martin came to power with a minority government in the spring of 2005, he was faced with an opposition majority. There were enough Conservative, Bloc and NDP members to defeat the Liberal minority government, so it had to find an ally.

Mr. Martin's budget had provided that taxes on major corporations would be reduced by $4.8 billion. This money was removed from Crown assets. The NDP supported the budget on the condition that the government make a drastic change, allocating the $4.8 billion to social housing, public transit and post-secondary education. This shows that the parties can work together in a minority situation, provided that the government is willing to accept its minority status and work with the other parties in the House.

What changes have we seen with the Conservatives? During their first government, which lasted from January 2006 to October 2008—there was another election last October 14—the House of Commons was the scene of daily bickering, spite, invective and constant attacks from a minority government. The leader of the Liberal Party was weak and voted 43 times for the Conservatives. As a result, it was very difficult for the Liberals to face the voters and say how bad the Conservatives were, since they had given the government a vote of confidence 43 times.

The Prime Minister had the temerity to call an election. It should first be said that this election was called contrary to the provisions of legislation that had been introduced and voted on by the Conservatives as part of what they called their ethics package. That may seem somewhat pompous, but it was as hollow as it was pompous. They said with their hand on their heart that it was not right for the government itself to decide on the date of the elections and that they were going to set the date for the next election, which would be held on October 19, 2010. That was when the next election was to be called.

They did as all the other governments have done before them, but more hypocritically, since they had a vote on legislation here in the House of Commons saying it was not right to leave it to the government to choose the date of the election and that elections had to be called on a set date. That really betrays the Conservatives' modus operandi and shows how it is they cannot work with anyone. In the 2008 election campaign, they swore to the public that they had understood the importance of working with all forces in the House of Commons. They said that this time things would be different, even if they were in a minority position. It is true that things were different. They were worse.

On November 27, right in the middle, not of what we feared might be, but what has already proven itself to be one of the worst economic crises since the 1920s, the Conservatives made a budget statement, one that required the confidence of the House. In the statement, they attacked three things. First, they attacked the right of women to equal pay for work of equal value. Second, they attacked union and social rights. Third, they attacked the very system of funding political parties. This system, it will be remembered, had been put in place in the wake of the worst political scandal in Canada's history. It was the sponsorship scandal, in which the Liberal Party of Canada stole millions of dollars from Canadian taxpayers for its own use. It has yet to pay it all back.

That is what the Conservatives decided to do, instead of proposing budgetary measures to increase economic activity, save jobs and create new ones. It was so serious that the New Democratic Party, the Bloc Québécois and the Liberal Party of Canada announced their plans to defeat the government. That is when we saw a man who usually struts about like some tough guy run and hide behind the Governor General's skirts, asking that Parliament be prorogued, instead of facing the music on December 8. He went and saw the Governor General, imploring her to grant a prorogation unlike any other in the history of Canadian politics. That prorogation was granted only a few weeks after the federal election. He was about to be defeated. Showing a lack of respect for our institutions, he hid out at Rideau Hall and succeeded in getting his prorogation, and a reprieve. The House resumed exactly two months from November 27. On January 27, the government presented its budget.

What did the budget do? The budget attacked women's right to equal pay for work of equal value. The budget attacked union and social rights. But this time, as though there always have to be three things, instead of attacking political party financing, it attacked the environment, taking away the protection granted by legislation that even has that word in its title: the Navigable Waters Protection Act.

I will list all the things that were in the budget and ought not to have been, and the others that ought to have been in there and were not. The only thing that was taken out between November 27 and January 27, and which was of sufficient interest to the Liberals to get them to vote in favour of the budget this time, while they were prepared to vote against it in November, is abolition of the clean funding system for political parties. In so doing they managed to get their money back. We got it clearly: the only principle of interest to the Liberals is their own money. Let us keep in mind that the Liberal Party of Canada is the party that depends the most on public assets for its funding. It is, in fact, incapable of finding funding. We saw that with the sponsorship scandal: the only way it could get any money was to steal the public's money. So, there were a whole series of elements that should never have been in a budget bill.

We understand where they got the model from, however. In another Bill C-10 in another time, the Conservatives felt the desire to start imposing film censorship. This was a step back to the 1950s. The good Conservatives made the decision for the public on what films could or could not be made in Canada with funding from various tax credit programs. That had nothing to do with the budget except the fact that tax credits were mentioned, but it had everything to do with their right-wing ideology.

Then, in another bill they managed to include in a budget bill, we had an all out attack on our immigration system, a system that had been based on rights. A person was entitled to become a citizen if he or she met all the criteria. The Conservatives changed this to “may”. A person may become a citizen if he or she meets all the criteria, but the one who makes the decision is a public servant. It thus becomes totally random and discretionary, and thus at cross-purposes with all our principles of law, but that did not bother them much. For the Conservatives, none of that is of any interest.

Those are the three things they have done.

These measures were included but should not have been there. I have to say that those items that should have been in the budget are nowhere to be found.

I will make a friendly suggestion to my good friend, the Parliamentary Secretary to the Minister of Finance: he should either clean his ears or take a memory test. I was at a meeting attended by my colleague for Winnipeg, the Minister of Finance, and the Parliamentary Secretary to the Minister of Finance. They explained to him, chapter and verse, what should be in the budget—because our approach was to stimulate the economy with large public expenditures—and, knowing them very well, they did not want them to start down another path. It has been on the website for a long time. My leader met with the Prime Minister and had been discussing with him a number of measures for an hour and a half. Significantly, during the meeting, it was my colleague who, on behalf of the caucus members, pointed out, line by line, item by item, projects that were at the ready and had all been analysed in their respective parts of the country. Apparently, the Minister of Finance, who looked as though he was taking notes, was just pretending to take notes. His parliamentary secretary, who was obviously there in body but not in mind, rose in this House today to contradict one of my colleagues by stating that nothing at all had been submitted. That is false.

My colleague did indeed provide a list of things, but our approach is totally different. As our Bloc colleague has just put it so well, there is a fundamental difference between our two parties. This difference colours all of their thinking. We would have preferred from the outset that they not provide the same tax reductions across the board to all major corporations, because, by definition, a company that makes no profits has no tax to pay and cannot therefore enjoy a tax reduction. This is economics 101.

They should have targeted the sectors of the economy that needed it most, such as the manufacturing and forestry sectors. Unfortunately, these two sectors are in Ontario and Quebec, primarily, where they have no political base. So that was of no interest to them. They gave tens of billions of dollars to the most profitable companies, including the oil and gas sectors in western Canada, their political base. So, companies not needing it were bailed out with public funds, and companies with the greatest need got nothing. The figures are there. Since they came to office—even before the current crisis—over 350,000 jobs have been lost in the manufacturing sector and over 100,000 in the forestry sector in Quebec, Ontario and British Columbia. That is the direct result of the poor budget choices of the Conservatives. But they were not about to change their tack. That was the meeting we had with the finance minister.

His parliamentary secretary said earlier that we were rude. We do not agree with them and do not support the decision taken knowingly by the Conservatives to demolish the manufacturing and forestry sectors. That is what they have done.

At the end of January, on January 27, they presented a budget. The crisis had been full blown since September and continued in October, November, December and January, but at the end of January they still had not done anything.

They have introduced a budget with supposedly 1.9% of the GDP for public spending. Let us look at the facts. The figure advocated by the G7 and the G20 is 2%. Let us look closely at the facts, however. The 1.9% includes $8 billion that was to come from a reduction in public spending, but nothing was identified. One important point to remember is that the Conservatives have been in office for three years and, prior to the current budget, they had increased spending for government programs by nearly 25%, or $40 billion a year, with no results.

They gave $60 billion in tax cuts to the richest large corporations and increased spending by $40 billion, but this has no impact on most people. Did they eliminate the two week waiting period for employment insurance? Not at all. Did they help certain sectors of industry? They do not believe in that; they will not do so.

What is more, the 1.9% of GDP is also entirely unrealistic. They claim they will spend the municipalities' money and the provinces' money. In their little columns of numbers, they are including money from the municipalities and the provinces, which have not said a word about whether that money is available. Yet, that money is part of the Conservatives' calculations. Talk about free-loading. While all other countries are pinching their pennies and doing everything they can to sustain themselves, the Conservatives are sneaking a little here and a little there from everyone else's plate. They are not really spending to stimulate the economy. This aspect, which should have been in the budget, is totally missing.

There is a third factor. We are talking about what was in the budget and should not have been there, like the attack against women's right to equal pay for work of equal value, and what should have been there, like real spending to stimulate the economy, particularly in the area of infrastructure and refurbishing old homes to make them more energy efficient. Are we going to pass such a huge debt down to future generations? Hopefully we can at least pass down green infrastructures at the same time, along with clean, renewable energy and things they can benefit from. Instead, some would rather destroy the environment under the pretext that projects must be approved as soon as possible. Thus, they are using a real economic crisis as an opportunity to attack women's rights, the environment and social rights.

Last week, we got the icing on the cake, the cherry on top. On Thursday, we found out that by fiddling with the vote on the Treasury budgets, they were going to try to get approval for a $3 billion slush fund to be spent however they wish with no strings attached and no defined programs. They tried to absolve themselves by saying that they have to do it because measures take too long. This is like some kind of 1-800-Chuck-Guité. They have to start understanding what they have done. They are asking high-level bureaucrats to do what the Liberals asked them to do during the sponsorship scandal.

We have a parliamentary system based on departmental accountability. Since the sponsorship scandal, the rules have been changed, and what used to be implicit—deputy minister accountability—is now explicit. They are thumbing their noses at all of that even though it was in a bill that they introduced on accountability and the obligation to report to the people's elected representatives. That is what is so dangerous.

The U.S. has a different system of government and a lot has to change to make it work, but the Americans and their new President Obama are setting up an on-line system that will allow citizens to track how every dollar is spent. I made the same suggestion last Thursday. The same parliamentary secretary, the one with the memory problems, was on CTV with Tom Clark, and he said that it was a very good idea. Just two days later, on CTV's Question Period with Craig Oliver, that interest evaporated.

The NDP reproves and condemns the government because it has introduced a budget that does nothing to stimulate the economy, that attacks basic rights, such as women's rights, and that brings in several billions of dollars worth of discretionary spending. The budget is shameful. Unlike the Liberals, who have no principles, the NDP will take a stand against this budget.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:05 p.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, much of the debate we have had through the various stages of the budget implementation bill has meandered around the question of whether this flawed budget should be passed. I think all hon. members understand how serious everyone is about the principles upon which the budget tramples.

The budget came down on January 27. If we consider how long it will take to get through the balance of third reading and then through the Senate, it appears it will take until near the end of March before it will be in place and April 1 when the money starts to flow. That is two months. However, the process was also contracted by the budget consultations and even the debate. This means even if we were to defeat the budget, go to an election, see how it turns out, get the House back, start it all up, get another throne speech, get another budget in place and then add about two to three months on to that, it would appear we would be into October of 2009 before we would be back at the same point we are at right now, albeit with a different budget, I would hope.

I am pretty sure that the damage done to some of the principles trampled upon by the budget will be reparable by subsequent actions of Parliament. I think I am convinced that, if we do not get this stimulus out and help the people of Canada to either save their jobs or create new jobs, if the House is defeated and we go into an election, the damage done will never be reparable.

Would the member care to comment on that assessment?

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:05 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Madam Speaker, it is always an interesting experience to listen to Liberals try to give themselves a clean conscience, as they vote against women's rights, the environment and social and union rights. They try to give themselves a clean conscience by convincing themselves that somehow this is a stimulus package that will help the economy, whereas their member from Markham—Unionville, who has always been with me in committee, has said the same thing; that a lot of this is a pure fiction.

Of the 1.9% of GDP that is supposed to be in this budget, those members presume that a lot of the money will come from municipalities and provinces that do not have the money. That is a fiction. A lot of it is supposed savings in government spending. The Conservatives are the worst public administrators in the history of Canada. Prior to this budget, which has a large deficit, they had already increased public spending by the order of 25%, almost $40 billion a year, with nothing to show for it.

This so-called stimulus package has almost nothing left in it except for the $3 billion slush fund that the Conservatives keep talking about now and that has to be put through with the same urgency. They are using a very real political and economic emergency at this time in the country to try to take away the normal rules of control of public spending.

This is exactly what the corrupt Liberals did with the sponsorship scandal. There was a very real national urgency with regard to national unity in the wake of the 1995 referendum. The Liberals said that we had this unity problem, so they would spend hundreds of millions of dollars of public money. They forgot to say that they would take away all the normal controls and fill their pockets with millions of those dollars. That is the sad legacy of the Liberal Party. That is why no one who actually knows the Liberals is surprised to see them talking about women's rights and the environment and then voting against them.

One of their members, I think Toronto Beaches is the name of her riding, spoke eloquently yesterday, and I congratulated her when I saw her alone. I asked her if she would do like the members from Newfoundland and Labrador and stand up and vote against the budget. She walked away, having nothing to say. I saw her today, shamefully standing up and voting for the Conservative budget because, like all the other Liberals, she is devoid of principles. She talks a good game when it comes to women's rights, but will not back them up when it comes to a vote.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:10 p.m.


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Bloc

Christian Ouellet Bloc Brome—Missisquoi, QC

Madam Speaker, I found the comments by the member for Outremont very interesting and I would like to ask him about what I would call the government's deceit. He talks about the fact that the Liberals will probably vote for the budget implementation bill to keep the government in power and says that, at that point, it may even include other laws. That is fantastic because it will pass and there will be no need to revisit it.

There are many such laws. In addition to the Navigable Waters Protection Act and the Pay Equity Act, we find amendments to the Competition Act, the Investment Canada Act, the Canada Transportation Act, and the Air Canada Public Participation Act. And we could name others. Hence, I wonder if the member for Outremont believes that this shows contempt for Parliament.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:10 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Madam Speaker, I could not agree more with my colleague from Brome—Missisquoi that there is contempt for Parliament. I would add, though, that the Liberal members have contempt for the voters. They all keep on talking in this House during question period and outside when they are questioned during media scrums after question period. They talk about women's rights and say that it is terrible that the Conservatives are taking away those rights, yet they are voting for that. They say it is terrible to play with the Navigable Waters Protection Act, yet they are voting with the Conservatives to remove that protection.

Another issue we have not had enough time to talk about is creating a new regulatory system, which not many people in Canada want. We must not forget that we are talking about a group that has never been a fan of big government. Yet the Conservatives are creating a new securities regulator. That is really something. It does not address any known problem. We have a passport system that works very well and has been praised by the G7. Canada is a regulatory model.

I would like to ask a few riddles. How many court cases were undertaken by the federal government in the sponsorship scandal? I will give you a hint. The number starts with a zero. Yes, the only court cases were those undertaken by the Government of Quebec, and the people who went to jail went there thanks to the Government of Quebec.

And how many days of proceedings have there been so far under the Criminal Code for Vincent Lacroix? Let us keep in mind that the Autorité des marchés financiers exists at the provincial level, and that it is the Criminal Code on the federal level. He is in prison for many years because of the proceedings initiated by Quebec. There are several hundred criminal charges against him, but how many days in court so far? Let me give you another clue. It starts with a zero. Yes, that is the real performance record of the federal government as far as crimes of this type go, what are sometimes called white collar crimes, that is fraud and the like. I myself have had the pleasure of seeing how the OSFI, the Office of the Superintendent of FInancial Institutions operates, when Ms. Dickson came and testified last year. We had an opportunity to question her about the famous commercial paper, and she was not able to tell us what she had to do with all that and yet this was one of the biggest frauds ever perpetrated in Canada.

So. for heaven's sake, before they start preaching to us about how well the federal government can do things, could somebody at least look at the facts?

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:15 p.m.


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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Madam Speaker, I heard the member for Outremont say that the Conservative government, unlike previous minority governments, has not learned to work with the other parties and has not considered its minority status. I think that is untrue since there is a party that has supported it 60 times. I do not understand his earlier statement. I would like him to explain it to me.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:15 p.m.


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The Acting Speaker Denise Savoie

The member for Outremont has 45 second to respond.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:15 p.m.


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NDP

Thomas Mulcair NDP Outremont, QC

Madam Speaker, I do not know if it is the lawyer in me speaking or the politician who hates to admit he is wrong, but my colleague is absolutely right. When the spineless Liberals, who have no backbone, consistently and constantly support the Conservative government, we are, for all intents and purposes, facing a new political party. We all remember the acronym that was invented when they formed the Conservative Reform Alliance Party. The acronym was unforgettable. Now we have the Conservative Liberal Alliance Party. I will let you figure out the acronym. It is very telling.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:15 p.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, I am pleased to participate in the debate at third reading on the budget implementation bill for the fiscal year that will commence on April 1.

We have been on a bit of a roller coaster ride. I would like to bring us to where we are and where some of the indicators may have been had someone's eyes been open, or at least had someone read the newspapers.

Back in the 39th Parliament, there were a number of things going on in the House. There was certainly some sabre rattling by some political parties that if the government did not get its act in gear, it may face an election. Some parties did not have much confidence in the government. They thought that the government could not be trusted, that its credibility was in question, that they could not believe what the government said. Conservative times were tough times. All these things were going on, which is part of the political process that we experience in Parliament.

During the latter part of the 39th Parliament, there was an investigation going on in the Standing Committee on Access to Information, Privacy and Ethics on the in-and-out scandal. The Chief Electoral Officer had ruled that the Conservative Party had broken the elections law of Canada, had overspent its advertising budget and had laundered the money through candidates, et cetera. I do not have to go through all of that other than to say that there are ongoing legal proceedings as a consequence. We did have committee hearings and we were getting evidence and testimony from people who were corroborating what the Chief Electoral Officer had found, that the government was aware that what it was doing was improper under the Canada Elections Act. This is where the term “dysfunction” came out.

In fact, the standing committee, which I chair, held summer hearings on this issue. Things were getting pretty hot and interesting to the point where we had to subpoena members of the Conservative Party of Canada to appear. They refused to honour the subpoenas of the committee. That got a lot of attention. The committee decided it would deal with it when the House resumed because the assistance of the Speaker of the House would be needed to act on the subpoenas and to determine whether contempt of Parliament issues might have to be dealt with.

Before the summer was over and before the House was to return, the Prime Minister dissolved Parliament. He said that Parliament was dysfunctional. We had an election on October 14, 2008.

The first point is there was no defeat of the government on any confidence issue. Opposition members certainly had a lot of concerns about the integrity of the government, but there was no threat to any legislation. Everything the government had wanted to pass had passed.

In fact one of the things that had passed in that Parliament is a law regarding fixed election dates which had specified that the first election was to be October 19, 2009. The Prime Minister himself said that not ever again would a prime minister have the opportunity to call an election when it was politically advantageous. He said that everybody, every party, every member of Parliament, every member of the public would know exactly when the next election would be held.

What did he do? He dissolved Parliament and called an election one year earlier than the law stipulated. I can remember why. By that time, we were already seeing indications that an economic tsunami was forming. We saw indications that the highest record of employment in 30 years was starting to crack. All of a sudden economic indicators pointed to concerns within the financial institutions and some of the major industries. We started to see some indications in the auto sector. We started to see it in some of the other program areas. Little cracks were forming.

We had that election. We came back. I remember I got a letter from my own broker with regard to my RRSPs. We had a long, good and healthy period under the Liberal government. There were balanced budgets for 10 years, tax reductions, highest employment rate, lowest inflation, lowest interest rates. Things were good, but what was going to happen, as we know now, was foreshadowed by a lot of the indicators that were out there.

In fact one of the key indicators happened to be the Parliamentary Budget Officer. That office was created under the Federal Accountability Act to make sure that the information the government had was reliable for parliamentarians and Canadians. That is a story in itself, the way the government has totally ignored the information and the advice of the Parliamentary Budget Officer.

The election was on October 14. On November 18 we were back here and there was an economic statement. That economic statement said, “Life is good. We carry on. Everything is going to be fine. We are looking forward to four years of healthy surplus yet again. Do not worry about it, but by the way, as long as we are at this, we are going to destroy pay equity. We are going to cut out the funding to political parties. We are going to deal with the public service and we are going to do a few other things”.

These were all things that had nothing to do with budgetary or economic measures. The government was playing games. It was poking sticks in people's eyes, trying to make them upset. But all of a sudden, the November economic statement did not have the support or the concurrence of anybody anywhere on the planet.

It was ludicrous. It was so ridiculous. As was pretty clear under the Constitution, if the government was defeated either on its throne speech or on some measure out of that economic statement, we would be into another election. However, there was an opportunity under our Constitution that the Governor General, if there had been an election in the last few months, could have approached the official opposition to form a government if it could demonstrate it had the majority support of the House.

We know where we were. There were indicators. The government said that everything was good. The November economic statement said that everything was going to be great, but I am a little concerned that the government again was saying, “We are getting a little worried about the possibility of a coalition government and getting turfed out of office. We better save our backsides”. What did it do? When it saw that there were problems coming down the pike, that the jobs of Canadians were going to be put at risk, it prorogued Parliament. It shut it down totally. No committees existed. No work was getting done. No attention was being given to the emerging issues of the day.

We came back and there was a throne speech on January 26, and the next day the budget was presented. The budget now shows four years of deficits, not four years of surplus. It shows four years of deficits, cumulatively, $84 billion of deficits.

I do not know about other members, but when we go from four years of surpluses and everything being fine in an economic statement on November 8, then on January 26 the government puts out a document, which was already a month old because it had to go through the approval process, which shows fours years of deficits totalling $84 billion, where is this coming from? How is it that the world could change so much?

The Prime Minister explained it quite simply that it has nothing to do with us, that our banks are healthy and we do not have to do anything, but what he did say also is that it is a global economic crisis. Consider what global means. Everybody who is in business, anybody who has any economic activity in the world is part and parcel of the same thing we are experiencing here.

On November 8, when the Conservatives put out an economic statement that they were having nice surpluses and everything was fine, they had no inkling whatsoever. Then all of a sudden there is this global economic crisis that in the next month they recognized and they changed their numbers and their forecasts and came out with the January budget showing four years of cumulative deficits. Can anyone imagine the ludicrousness to suggest that they did not know about a global economic crisis because it really did not happen until after the economic statement? It is nuts. It is absolutely unbelievable.

The Conservatives think that Canadians are stupid but they are not. They continue to persist that it is not their problem and they did not create that. It is pretty clear that the Conservatives inherited a $14 billion annual surplus from the previous Liberal government that had 10 years of surpluses and handed over the reins of a healthy economy. The Conservatives squandered that by their tax cuts and the spending spree that they went on, the highest spending per capita in the history of our country. They squandered the $14 billion annual surplus. They put us in a condition where we had absolutely no wiggle room. There was no cushion to help us get through difficult economic times.

That $14 billion per year would have gone a long way to handling the so-called global economic crisis. It would not have been so painful.

Now we have this wonderful budget that has a stimulus package associated with it and 40% of that infrastructure. We know that infrastructure is an efficient way to save jobs at risk, to create new jobs, generally being supportive, and to provide support to the financial sector. Other countries are doing it and we are doing it as well.

The government continues to say, in its answers to questions, that the opposition needs to put the public interest ahead of partisan interest and pass this budget, but what does it do? It decides in this budget to address the serious needs of Canadians who are faced with job loss and all kinds of other consequential impacts of a major financial crisis by loading the budget up with a bunch of other things. What is it going to do? It will basically decimate pay equity for women, equal pay for work of equal value. That has nothing to do with a budget but if it is thrown in, the Liberals and the others will not be able to defeat the budget because if they do an election will be called.

That may be true but the Conservatives also put in things like the Competition Act, changes to the Navigable Waters Protection Act and proposals for a national securities regulator that cannot possibly be resolved for years. It will take years to deal with that. They also had changes on equalization, a very sensitive area that affected Quebeckers and Maritimers.

The Conservatives made this an omnibus bill, which means they put in a bunch of things that are not necessarily connected. Why did they do that? Again, this is playing partisan politics, poking a stick and trying to get what they can get because they know that no responsible official opposition party would allow the budget to be defeated because it would probably take until next October before we could get back to the same spot that we are at today. By that time the jobs will be lost, the personal and business bankruptcies will have peaked, the consequences to Canadians will be enormous and the damage will be irreparable.

It would be totally irresponsible for Parliament not to pass the budget. The government knew that. it knew there was an economic crisis and it knew there would be this major downturn. It knew that it could get away with this and it continues to play partisan politics.

Every time the government talks about this, it says that the opposition needs to put the public interest ahead of political interest and yet it is the government's actions, not its words. We need to look at its actions and its actions have been totally contrary to the words that come out of the mouths of government members.

Today a question was asked of the finance minister. He said that the opposition needs to pass this budget quickly so the money can flow and that no money will flow until we pass this budget. That is true, except that this is the budget implementation for the fiscal year that will begin on April 1, 2009. Therefore, even if the bill were to pass at all stages, even in the other place, and receive royal assent, no dollars could legally flow until April 1. We still have a month for the balance of this process to take place.

It is the way the finance minister is trying to insinuate that everyone else is slowing the process down and blocking the money from flowing. What makes it even more ironic is that over the past two years $2 billion of approved, funded and appropriated infrastructure funding was promised but was never sent out. As a matter of fact, we still have another month to go in the current fiscal period. If infrastructure is so important, jobs are so important and stimulating the economy is so important, why are the Conservatives not spending some of that money in this last month? Why are they not getting it out before the books are closed?

I know why. It is because the Conservatives promised they would have a balanced budget in the current fiscal year which ends on March 31, 2009. The current budget implementation bill shows that it will be a small deficit of $1.1 billion. Members should mark my words that we will have a balanced budget reported for the current fiscal year and they will use that to say that they kept their promise. What they have done is taken away the opportunity for Canadians to save themselves, to save those jobs by having $2 billion less for infrastructure funding.

This is not integrity of government. This is not transparency, openness and accountability. The measure of success of a country is not an economic measure. It is a measure of the health and well-being of the people. With the inactions of the government with regard to the infrastructure funding, it is very clear that it does not believe that stimulus funding will do any good. It just wants to paint a picture for partisan reasons that the current fiscal year will look pretty good with a balanced budget and if it delays enough a few other things and the $3 billion slush fund it has set up in this with no accountability strings attached to it, it will be able to manoeuvre.

I wish I could pull out one of the speeches and read it into the record for members, but the Conservatives basically said that we were a trading country and that all of those countries with which we trade, the United States and others, have massive stimulus packages. Those countries have pumped a lot of money into the banks, the auto industry and into infrastructure, et cetera. They said that we would benefit because those countries will begin buying our stuff again and everything will be fine. They said that we really did not need a stimulus package. I honestly think they do not believe that the stimulus is necessary. I think they will ensure that the stimulus package does not get out on a timely basis and maybe never. It will be promised but never delivered and promised at another photo op and promised again and never delivered.

That is what the Conservatives have been doing since they were first elected in 2006. They have not been governing since 2006. They have been campaigning. It is only because of the official opposition saying that we cannot let this happen to the people of Canada, that someone must give hope to the people of Canada, not fear. It is the Conservatives who are delivering the fear to our country.

Today it is reported that the Prime Minister, in an interview with the CNN, said that what is happening right now is just a cyclical downturn but nothing that requires major government intervention. It speaks for itself. The Prime Minister is not on side. He does not believe it. He cannot be trusted. He is not credible in what he says. His caucus is right behind him in lack of credibility, accountability, transparency and openness.

The day will come when we will be able to fix all the damage the Conservatives will do with this budget, but in the meantime, the official opposition will support the budget because the people of Canada need us to be here working for them and ensuring the government is held accountable at a time of Canadians' needs.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:35 p.m.


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Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, that was a very entertaining speech that we just heard from the member for Mississauga South.

We all know that the oracle of Omaha is Warren Buffett. He has been a very successful investor over the years. I heard the hon. member comment during his speech that during the election he anticipated a downturn in the Canadian economy. However, during the month of September we saw an additional 100,000 jobs added to the economy. In October, further during the election period, we saw 9,500 jobs added to the Canadian economy when the analysts, unlike the oracle here, had predicted the loss of 10,000 jobs. The Canadian economy produced 9,500 jobs.

The reason for that is that the Prime Minister took action well in advance. He anticipated the downturn long before, unlike our colleagues on the other side of the House. There was a tremendous stimulus in the form of tax cuts to keep this economy going, one of the last countries of the G8 to maintain a positive economy.

He talked about a vision for Canada. His former leader offered a vision of Canada in October called the carbon tax. One can just imagine if the carbon tax had been brought into this country. It would have been devastation.

If the hon. member was predicting the future like Kreskin, where are the comments that we would foresee this massive economic recession during the election? Would the hon. member comment on that?

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:35 p.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, Statistics Canada just reported the results of the fourth quarter for 2008: an annualized rate of reduction in the GDP of 3.4%. That is the reality of what happened in the last quarter of 2008 under the Conservatives' watch.

I do not care how rosy the member wants to paint October, et cetera, the fact remains that we lost a record number of jobs in the fourth quarter, the economy has tanked and there is a global recession going on that is very deep and very dangerous. The Conservatives think that all they need to do is say that somebody else will take care of it.

The interesting thing is that the Conservatives feel so little responsibility to do anything about the economy, they have decided to turn their attention to perusing thousands of hours of tapes of the leader of the official opposition to see if they can come up with stuff they can use in attack ads in the next election. That is the priority of that government.

As I said earlier, since 2006, the Conservatives have not been governing. They have been campaigning and they continue to do it.

Budget Implementation Act, 2009Government Orders

March 3rd, 2009 / 6:35 p.m.


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Bloc

Thierry St-Cyr Bloc Jeanne-Le Ber, QC

Madam Speaker, in his presentation, my colleague stated that, in practical terms, in order to avoid elections, the Liberals had no choice but to support the budget. That is not true because, first of all, there was the coalition agreement signed by the three parties, which would have made it possible to take down the government and bring about change without going to the polls. Thus, it is false to state that there was no other option.

I would say that, at the very least, the Liberals could have made significant gains for citizens. What did they get besides a new cloakroom in the lobby and an end to the lawsuit against them? Next to nothing. They made a pitiful amendment asking that the government report on its work. I believe that it is the responsibility of all parliamentarians to monitor the government. Therefore, in general, the Liberal amendment asks the government to do the opposition's work.

Could the Liberals not have seized the opportunity to make substantial rather than trivial changes to the budget?

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March 3rd, 2009 / 6:40 p.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Madam Speaker, the member has a point but sometimes we need to say that this is not a matter of a lust for power, that it is a matter of what is in the best interests of the country and nothing more.

Constitutionally, the coalition was a possibility and still is a possibility. However, the member will also know that the opposition was able to secure a substantial amendment and that amendment called for ongoing economic and fiscal updates, details of the actual implementation of the budget itemized to the actual effects of the budget in respect to protection of the most vulnerable, minimizing existing job losses, creation of employment opportunities for tomorrow, provision for economic stimulus, et cetera.

This was the compromise that was made by the official opposition. The official opposition has a greater responsibility than the other two opposition parties that will never, ever form a government. It is our responsibility to work in the best interests of Canadians. We have taken a decision and Canadians will judge ultimately.