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. The Library of Parliament often publishes better independent summaries.

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

February 11th, 2009 / 4:15 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, it is with some pleasure and yet frustration that I rise today to address this budget, the so-called stimulus budget, simply because on so many fundamental measures and so many fundamental points the government has missed the opportunity.

I think that in budgets, particularly those presented in times of crisis, there are a few fundamentals that we must address in order to judge the merit of the government's economic agenda.

One is around balance. One is around understanding the needs of the country and the needs of the economy in a given moment in time. Obviously we saw in the so-called fall economic update that the government continues to miss the moment and continues to miss the mark on what economists and Canadians have been asking for consistently.

Another question is around fairness. What ability does the government have to address issues of equity and issues of justice in the policies it ascribes to this country at this most critical time?

Finally, it boils down to a matter of choices. It is no different from a family putting together a budget or an individual deciding what to spend on and what not to spend on. Choices are made, choices that sometimes only have short-term, immediate consequences, but that often have very long-term consequences.

Over a succession of budgets and over various governments we have seen that the choices made have contributed to the overextension of the economy and to the underperformance and inefficiencies that our economy continues to see, including overpolluting and not respecting pay equity rules.

In some strange irony, the government has decided to bury within a budget document the disassembling of pay equity legislation in this country. Women in this country are receiving 70 cents for every dollar that a man makes for equal work. In this moment of economic crisis, the government decided to slide in some ideological opportunism.

It also seems to speak to the idea and the concepts of the role of government. There are moments of convergence in the House, moments when the parties can come to agreement, as was the case in the apology to first nations over the residential school travesties, but while there are those moments of convergence, moments when the House actually operates well, this is a moment of divergence in the role of government at this time.

We heard the President of the United States speaking last night to the American people about the role and capacity of government in times like these to aid and assist in the Keynesian economic model, for those who follow those different theories and treaties. As the Prime Minister, like the leader of the New Democratic Party, is a trained economist, he should understand that there are moments and times for governments to step in.

This goes against some of the fundamental, formerly reformist, currently Conservative ideologies related to the role of government. One can detect that. The government does not own this budget, does not love this budget, and does not understand how it can cause so much discussion and concern in the markets. On one day it presents a budget with a fictional surplus of some hundreds of millions of dollars. Then it describes the economy is recession-proof, as the Conservatives have described it.

In October 2008 the Prime Minister said that if Canada was going to have a recession, we would already have had one. Then we had a finance minister swing radically over to another side and describe this, within weeks, as potentially one of the greatest economic recessions, leading potentially to a depression. This does not build confidence in the Canadian system. It does not build confidence in the Conservative government.

British Columbia, and in some sense Skeena--Bulkley Valley, the place I represent, have unfortunately been on the leading edge of this recession for a number of years. I have communities like Hazelton, Fort St. James, Burns Lake and beyond that have suffered 50%, 60%, and 70% unemployment rates as the forestry sector has been virtually wiped out. Mill after mill has closed.

We have gone to the government and said that we need some structural change, even a plan, from the federal government for our manufacturing sector. Is there one available? This is not a recent phenomenon. For years and years we have seen this storm coming. A botched softwood lumber deal, an increase in the Canadian dollar, and an eventual slowdown and popping of the American housing market all led most economists and forestry experts to say that the forestry sector was in trouble and would need a plan, would need some sort of coherent strategy from government.

Instead we see a hodgepodge in a budget that lumps everything together. We are looking through this budget, trying to find the pine beetle money that has been promised to British Columbia. The best estimates from government are that 30 cents on the dollar of what has already been promised and committed in previous budgets has not gone out the door.

The government calls it a crisis. It acknowledges it as a crisis, sends out the press releases and makes the announcements, but does not spend the money.

This is a fundamental question of trust. Canadians, families who are suffering through days of uncertainty, through job losses and having to migrate out of their communities, turn to a government who says it promises them more. But a promise must be based on some mutual trust.

When we look at the infrastructure announcement from the government for British Columbia, when the dust settles, it is a year later. When we look at the budget numbers and see what actually was spent on the ground in the creation of real jobs, we see figures like 15¢ on the dollar, 20¢ on the dollar. This does not build up the confidence of Canadians in the government's ability to perform.

Much has been made of employment insurance, and this is an important factor. The government's small measures on employment insurance only affect those who actually qualify, ignoring the fact that the problem lies in those who cannot qualify. We see a majority of women in the work force, for example, who do not qualify, even though they are paying into this insurance program. We will soon have to call it a scheme because a program that people pay into but cannot collect on sounds like a scheme to me.

Over the years, government has used the employment insurance fund as a slush fund, simply to transfer money from workers and employers, collected for the purposes of employment insurance, and used it for other purposes. That is unconscionable, and now we see, in times of need, the government further says, “What we will do is extend out the other end. After you have been collecting for a number of weeks, we will toss a few more weeks your way”. It is putting on blinders, ignoring purposely, very cynically, the fact that most people do not even qualify.

We have lost 35,000 jobs in British Columbia in January alone. We all know, as members of Parliament, how difficult it is to work with a new employer, to bring a town council on side and bring new jobs into our constituencies. It takes a lot of effort, especially if we are hoping for good paying jobs, manufacturing jobs. This is no easy feat to even bring 1,000 in, and our province lost 35,000, gone like that.

We are looking to the place of where those will come back. We are looking for a government and industries that will start to promote the types of economies that Canadians can believe in, and the government refuses to respond to what is in front of it.

In the north there is a fantastic example of a community that struggled to survive and found innovative ways, as its forestry sector was going down. The community of Telkwa, with 3,500 people, got together with their farmers and their community and said, “Let us build a co-operative abattoir so we can get some people to work and support the farm industries because we do not want to ship to southern British Columbia. It is not good for the animals. It is not good for the planet. It is not good for anybody, certainly not for farmers, so let us build this abattoir together”.

This government and the one before it put roadblock after roadblock in the way, and when we have asked for some small assistance for this, that would help sustain jobs and create more in a sustainable conscious way, the government has been nowhere to be found.

The Tsimpsean connector outside of Prince Rupert would help connect the first nation village of nearly 1,000 people to the port of Prince Rupert and to the community, thereby cutting all sorts of expenses to government itself. We need the government to step up and to pay some attention.

We had the opportunity of having the new Minister of Natural Resources in front of committee and I had a very simple question for her. After I congratulated her on her appointment, I said that I would like the minister to please define what green energy, clean energy is under this government? Her response was to turn to one of her officials with a quizzical look on her face. There was no working definition, yet when we pick up the budget, page after page refers to green energy, clean energy. What exactly does the government mean by that? It is looking backward at technologies that Canadians have subsidized, such as the nuclear industry, to the tune of billions upon billions of dollars, with inherent risks and all sorts of ethical challenges.

Carbon capture and sequestration take up the vast majority, the lion share, of what the government is talking about as renewable. The last time I heard “coal was a renewable energy” was out of a Conservative minister's mouth. Nobody else in the world believes this.

It seems like fiction placed upon fiction, and when we look for trust, when we look for confidence, when we look for the balance of choices that every government must make, we find the government lacking. It is unsupportable and I think at the end, while the Liberals are choosing to support this budget for political expediency, philosophically this actually fits. This marriage, this convenience alliance and new coalition actually fits. They believe in these measures. The unfortunate thing is Canadians will suffer for it and our economy will become no more efficient, no more green, and no more looking to the future than it was before.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:25 p.m.
See context

NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, it is interesting to note, when we talk about this country of ours from coast to coast to coast, how interrelated it is in so many facets. Unfortunately, in this particular interrelationship it really is one of decimation in his riding and mine when it comes to unemployment.

We see the struggles of the folks who live in our ridings and what they suffer through day in and day out. Those folks are looking to us for hope and for us to say to them, “Here is the way forward”. What we do not see in this budget is a way forward or any sense of hope for those folks who are asking us to simply show them the way and they will work toward it.

They are not asking for a hand out. They are asking for a hand up. They are saying, “Put the effort into us and we will repay it tenfold. We will put forward effort like you have never seen before”. “Let us get back to work” is what they are saying. They do not want to be unemployed. This is no choice of theirs.

My question for the hon. member is this: Does he see hope in the eyes of his constituents and in this budget?

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:25 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, prior to this budget being released I went on an economic tour across my region, northwest of British Columbia. That particular constituency is enormous. I spent a few weeks on the road going from town to town and putting the call out. This was not an invite only special guest public forum that was organized by the government. We saw some of those come through town and people laughed them off. At my meetings all were welcome.

What I heard from constituent after constituent, voter after voter, family after family and town after town was that they were simply looking for willing partners. In Fort St. James people had ideas about bioenergy that they need support with. In Burns Lake people were saying that they were ready to put their kids back to work. In Terrace, Prince Rupert and Kitimat they were all suggesting options in economic possibilities. They recognized the challenge within their industries. They recognized in the fishing villages up and down the coast that more processing must be made available and they were willing to play their part, but they had been dancing alone.

It seems to me that when a government is unwilling or unable to listen to the people on the ground, unwilling to listen to the people who have their finger on the pulse of what is happening next, people lose trust and a sense of hope. That is something that we cannot afford to lose no matter how dark the days get because the northwest of British Columbia has seen some dark days and challenging times.

Yet, people come together and find strength in new ways. However, they need the role of government to be certain and determined. They need to have an essence of trust and faith in their government not to break promises and appoint 18 buddies to the Senate, not to break promises time and time again because people will hold the government to account when it finds itself in some sort of cynical position.

A budget is being presented, supported somehow by a party that may find ideological alliances, and at the end of the day, after the effects of this budget are fully seen, my greatest worry is that more people will suffer and end up further down than they are right now. It is very difficult to get them out of that position once they are there.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:25 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Questions and comments.

The member for Chambly—Borduas has the floor for a very short question.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:25 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Madam Speaker, I would first like to congratulate my NDP colleague for the clarity and pertinence of his speech. I would like to ask him the following question.

Does he not find that an important segment of society is negatively affected by this budget? I am referring to women. One of the budget measures deprives women of the right to go before the courts to obtain employment equity. Another is related to the issue he raised with regard to employment insurance. We know that a large majority of women do not qualify for employment insurance benefits. However, contribution rates are frozen making it impossible to improve the system.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:30 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

The member for Skeena—Bulkley Valley has 30 seconds to answer the question.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:30 p.m.
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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Madam Speaker, that is a good question.

I cannot believe that the government would use the economic crisis as an excuse to trigger a crisis of rights. Under this government, women's rights have been completely dismantled and thrown in the trash.

I cannot believe that cabinet ministers would say that this is a good thing for women, a good thing for the country now. That is incredible. It is just politics.

I do not understand how we can have a government like this in 2009. It is incredible.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:30 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Before recognizing the next speaker, I want to read the following:

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Winnipeg South Centre, Status of Women; the hon. member for Vancouver Quadra, Infrastructure.

Resuming debate. The hon. member for Chambly—Borduas

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:30 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Madam Speaker, we are repeating the mistakes that federal governments made in the past when dealing with economic crises. I am talking about the crisis of the early 1980s and the one of the late 1990s. Each time, the federal government tried to get through the crisis by making the provinces and Quebec shoulder part of the federal responsibility for various programs, particularly social programs.

After the crisis of the late 1990s, two successive governments, the Conservative government in the early 1990s and the Liberal government beginning in 1993, adopted the same policy to withdraw their contributions to funding programs in areas like municipal infrastructure, social housing, health, education and employment insurance.

In health, for example, they introduced a rule that the government's contribution had to be proportional to the population. In Quebec, that federal government policy resulted in an imbalance that reduced funding for health by 8% compared to the early 1990s. The same thing happened with education.

Municipal infrastructure was especially devastated. From 1992-93 to 2001, the federal government stopped contributing to upgrades for municipal infrastructure. Funding did not resume until 2001. That led to a deficit in infrastructure upgrades for water systems and roads, with the result that municipalities today no longer have the means to modernize their infrastructure. A large number of municipalities have infrastructure more than 40, 50 or 60 years old, when normally it would be considered outdated after 35 or 40 years. Maintenance is required, but now the money is just not there.

According to a study on this topic, there is a real deficit of $144 billion. That is a huge figure. If all we had to do was upgrade infrastructure, it would cost approximately $144 billion. That is an enormous amount for municipalities.

These terrible policies are being repeated today. One of the policies adopted in the past saw the Canadian government offload its responsibilities onto the municipalities, the provinces and individuals and start paying down the debt and avoiding deficits, much to the detriment of those who were struggling.

Take, for example, employment insurance. As others before me have said, employment insurance leaves some 55% of the unemployed out in the cold. They cannot receive benefits. It makes no sense. Over the past 12 years, $57 billion has been siphoned off. If that is not offloading a national responsibility onto the backs of the most vulnerable, I do not know what is.

I have come back to this because not only have things not changed, but the budget that was passed and that they want to implement shows that nothing will change either.

This budget freezes premiums at the 1982 level, and there has never been a lower level since then. In other words, the employment insurance program will not be improved. This is in total contradiction to what has been said, particularly by the Liberals. The Conservatives have said so too, but we do not believe them any more.

We tended to believe the Liberals when they said an effort had to be made to improve access to EI and that they were committed to doing so. That is what they said when they were campaigning. They said that the burden had been borne by the unemployed for too long. They therefore made a commitment to ensure that EI was made more accessible. Then, at the first possible opportunity, they jumped into bed with the Conservatives and said they were going to pass this budget, regardless of its negative impacts on the least well off, the people the Liberal Party leader calls the most vulnerable members of our society.

It is absolutely shocking that they can say such things and then vote for the opposite.

What are they seeking to do today? They say they are investing, and they are spreading money around more or less everywhere, including for infrastructure—I acknowledge that—but they are doing nothing for the most vulnerable, as the Liberal leader calls them, nothing for them. As far as infrastructure is concerned, I too was once a municipal council member, and even when I was just an ordinary citizen, I have always been concerned about the money available to our municipalities.

Look at the situation our municipalities are being placed in now, with the money being allocated to them. Hundreds of millions of dollars in past budgets were not used. Why not? Because the municipalities do not even have the means to pay their share. Normally, that share should be 15% but it is often 25% or even 30%. For the announced programs, particularly community recreation infrastructure, the federal contribution is 50%. If the provinces—or in our case, if Quebec—cannot contribute because of prior commitments to other programs, it is obvious that the municipalities will not be able to shoulder 50% of these projects. Thus the Canadian government is sure that it will be able to keep that money in its coffers. Even if the contribution rate were 30%, most municipalities cannot manage it. Why not? Because of the phenomenon I referred to a while ago, the famous policy in the past, when the government had the idea of offloading its responsibilities onto the provinces, including Quebec, and the municipalities. The burden was so heavy that now they no longer have the means to take on implementing new projects, or even just to renovate what needs renovating.

As I have only one minute left, I will try to conclude my remarks. I would also like to talk about social housing. For nearly 12 years, previous governments cut funding for social housing, with the result that we have a serious shortage of social housing now. The government says it is reinvesting $2 billion, but most of that money is going to renovations. That does not leave much for new units for people who have no choice but to go into social housing.

In conclusion, to the people wondering why the Bloc Québécois is voting against this budget, I say that it is clear. My colleagues spoke about other aspects of the budget. We will stand firm and not accept something that is unacceptable. To us, this budget is unacceptable.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:40 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Madam Speaker, in the budget there is really no long-term funding for a national housing policy. It is a missed opportunity.

Thousands and thousands of people are waiting for affordable housing. In Toronto alone, people have to wait at least 6 to 10 years to get affordable housing and many of them are seniors. They are waiting and they say to me that by the time they get affordable housing, they probably will not be alive. They are very worried about where they are going to live. They cannot afford to rent because the costs are going up, but their pensions are not going up.

What does the hon. member think about this so-called one-time provision of money which will not build any affordable housing in the long term? There is a complete lack of a national housing policy in this budget.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:40 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Madam Speaker, I thank my NDP colleague for her question. She is right to be concerned.

We believe that at least 2% of the $2 billion for this year should be recurrent funding for building new social housing. There are problems when the vacancy rate is no more than 3%.

There are 12 municipalities in my riding, and not one of them has a vacancy rate above 3%. Two of these municipalities have a 0% vacancy rate, and the rates in the other municipalities range from 0% to 2%.

What does this mean? First, people with low incomes are forced to spend too much of their income on housing, often 50%, 60%, 70% and even 80%. This makes no sense. What does that leave them for food and clothing?

Often, these people are forced to move away from their own families to find affordable housing in other cities. Let us be clear. When I say “affordable”, I mean housing that is financially affordable, but not necessarily acceptable from a cleanliness standpoint.

The government needs to make a massive injection of money to build new social housing. My colleague is quite right.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:40 p.m.
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Bloc

Gérard Asselin Bloc Manicouagan, QC

Madam Speaker, I would first like to congratulate the hon. member for Chambly—Borduas on his excellent speech.

I would like to raise two points. I represent the riding of Manicouagan, one of the largest ridings in Canada, located between the Betsiamites River and Blanc-Sablon.

I had the opportunity to serve as a municipal councillor in the City of Baie-Comeau for 14 years. Since becoming a member of this House, I have noted that the tax burden of many small municipalities is carried by the residential sector. This does not affect industrialized cities, but rather it affects the towns that do not have access to business taxes and various property taxes. These municipalities therefore depend on their citizens.

The Bloc Québécois proposed a policy to the federal government that would give money to the regions in order to help municipalities. The contribution rate would have been 50% from the federal government, 35% from the Quebec government and 15% from the municipal level.

The Conservatives have come back once again with a division of contributions into three equal parts. The municipalities in my riding will have to let that train go by, since they do not have the means to get on board.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:45 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

The hon. member for Chambly—Borduas has 40 seconds to answer the question.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:45 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

Madam Speaker, you keep chipping away at my time.

I thank my colleague who is quite right. That is what I was talking about earlier and he is right to bring it up again. I can give the example of a water treatment plant in a municipality in my riding, a municipality that had to move quickly a few years ago and assume more than 50% of the cost of the water treatment plant. I can say that this municipality is on the verge of bankruptcy simply because it assumed more than 15% or 25% of the cost of the water treatment plant.

This example demonstrates that most small and medium-sized municipalities are facing incredible challenges when it comes to infrastructure.

Budget Implementation Act, 2009Government Orders

February 11th, 2009 / 4:45 p.m.
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NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, it gives me a great deal of pleasure to rise to speak to the budget.

Over the course of the last few days, I have heard a great deal of comments from all members on this side about the inadequacies of the employment insurance system, as it is now called. I prefer the old title of UIC. If people are employed, they would not need to collect it in the first place. Nonetheless, I digress.

Let me put it in more concrete terms around what it is like to be unemployed, not from the perspective of someone who is unemployed, but as someone who has helped folks with claims since 1992. I will walk members through the life of a claim.

We have heard about the statistics, the hours and the five weeks, which is nothing. We have heard all of those things, but we have not heard about what it is like to walk all the way through it, to actually go and apply for the unemployment insurance, to go to an office that is understaffed and has fewer computer kiosks than it had before to take care of those folks, to be unable to get a piece of paper to fill it out with a pen or pencil because they want it on a computer. They tell people to go to their public library if the office is too busy or if they do not have computers.

From the get-go of walking through that front door, there is a barrier for those who may not feel they are technically literate enough to do it on a computer. There is a refusal on part of the Employment Insurance Commission to give them a piece of paper, even though the act says it is required to provide it when asked for. Too many claimants are refused and that is wrong. It should be made easier for them because it is their money.

The life of a claim really starts when people apply. However, when they apply, all it means is they have put in an application. There is no guarantee of acceptance because then they base themselves on the rules. The rules are rather prohibitive in a lot of cases. However, let us assume that people do indeed qualify. They apply. There has to be documentation. Their employers must send a record of employment, colloquially called the ROE. If the employer forgets or just does not bother because it has gone out of business, the claim is delayed. Without an ROE, people cannot get unemployment insurance, even though they qualify. They might have been working for ten years, but the fact that their employers did not do something simply delays it.

Let us assume that people do indeed qualify immediately. For the first two weeks, they do not qualify for any money because the rules say they do not get paid for those two weeks. It means they get paid for weeks three and four. However, they do not receive any money in weeks three or four because they have to fill out more paper, or do it on a computer if they are capable, or phone it in, to explain that they did not work during those weeks. This means that, if they are lucky, they get paid in week five.

Think about that. The people are unemployed. Perhaps their employer has gone bankrupt. Perhaps their employer is leaving the country, like John Deere is doing, even though it is profitable. Nonetheless, people may not have had any money since week one. They are now in week five and they receive their first cheque. What did they do in the intermediary period? What do they do from week one to week five? They are about to qualify, not someone who has a hiccup in the sense that perhaps the claim has been pushed to the side because it needs to be looked at or because there is no documentation.

When we look at those just from the claim phase timeline, people who are unemployed will not receive money at the very moment they need it. Instead, they will have to wait well over five weeks. I ask the government what its sense is of what those people should do for those five weeks. Sit on their hands? Look for work? We accept that they look for work. In fact, the unemployed are the best folks who look for work because they are always looking for work. Because they were working before, to suggest that they would not is a slap in the face of those workers. To qualify for unemployment insurance, they need to have a work history, which means they are able-bodied workers who really want to work. From that perspective, it is a non-starter.

On this side of the House, I have heard my colleagues ask about what we need to do to the system to enhance it. What we need to do is wipe out the two-week waiting period so when people apply for unemployment insurance, they will actually collect unemployment insurance.

I reiterate that it is our money, those of us who pay into the EI system. It is not taxpayer dollars. It is not collected from the tax base. It is collected from those who work for a living and contribute to an insurance program.

The Liberal government changed it from UIC to EI, but kept one letter in that system, “I” for insurance, and that is exactly what it is. I pay the premium, then when I need my insurance, I get to collect it. The problem is the government has decided to put enough rules in place that we do not get to collect it. One in three in the Niagara Peninsula, in the southern part of Ontario, are now collecting unemployment insurance. Almost two-thirds do not, yet, they paid their employment insurance premiums.

How many folks would like to pay their car insurance, have an accident and have the insurance company say, sorry, that they are in the 62%, so they do not get to collect on their car insurance because they are not in the other third? I do not think too many folks would put up with that. Yet the unemployed, at the most vulnerable point in their life, are faced with that type of restriction.

Therefore, waiving the two-week waiting period, which puts money into the pockets of those who need it at the point they need it, is where the government should have gone. Instead, the government chose to tack five weeks to the back end of a claim, if they qualified.

There is a song, and I am not sure how to sing it, and certainly I would not try in the House because I cannot carry a tune, that talks about nothing from nothing is nothing. Five weeks of nothing truly is five weeks of nothing. Ultimately, what they have gained is absolutely nothing at the tail end, and the government knows that through its own statistics.

The other side is, how to make people qualify. Reduce the hours. It is an hours based system now. We are not asking the government to go to a weeks based system. Three hundred and sixty hours would ensure that at least two-thirds, if not 70%, of those who were working would now qualify. However, that did not happen either. The government decided it would keep it at the lowest level possible so the least number of people could qualify.

Where are we with that? I talked about the claim phase. Let me tell members what they are doing in the Niagara region when it comes to the EI office. As I said earlier, I worked in conjunction with that office in a previous career since 1992. That office is about a third, if not a quarter of the size of what it used to be in 1992. At the very moment in time, when we need people in that office to service the unemployed, it has decided to restructure and the head office will now go to London, Ontario. Thank goodness it did not pick London, England, although I am surprised it did not try to go that far. At least it went to London, Ontario. The problem is that London, Ontario, in the greater southern Ontario area, now has more than 2.5 million to 3 million people in it rather than the 500,000 that our office looked after initially. Now it has four times the number of claimants to look after.

The minister said in the House earlier that its service would get better. Right now in the Niagara region people do not get money in week five. They get money in week six. Sources have said to me that if the backlog continues, they will not get money until week eight. It is reprehensible that we cannot make this system work better.

If we want a stimulus plan to put people back to work, the office has to re-hire and re-fill the positions in the EI office that they have simply let go under the government over the last number of years. We would create jobs in that particular environment, not jobs that we necessarily want because it means more unemployed, but it is something we would like to see.

As we can see, the unemployment piece is an economic driver. Don Drummond of the TD Bank said that we needed to do ensure that those who were unemployed would collect unemployment insurance because that unto itself was a stimulus. Think about that. That is a stimulus in itself. We do not have to do much else because that is a stimulus.

I would like to add one more thing from a personal perspective. We have talked about things that are missing from the budget. Let me talk about something that is in the budget, and that is equity for women. I will do this as a father.

My wife and I were blessed with a millionaire's family, as it is called. The first time we had children, we had two. We had a boy and a girl. I find it absolutely abhorrent that somehow my daughter will be treated, when it comes to equity, less than her twin brother. They were born three minutes apart. To suggest that somehow my daughter, who is now a young woman today, and her twin brother, who is a young man, both out in the workforce, would have less of an opportunity to have less pay for work of equal value than him, after nine months of living together, is abhorrent. That one aspect is enough to defeat the budget.