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 12th, 2009 / 11:50 a.m.
See context

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, we do not live in a perfect world but I am assuming, since the member is a member of the Liberal caucus, that she was one of those who signed a document back on December 1 offering to participate in a government that would immediately deliver the economic stimulus that was needed in this country. In fact, a proposal was made to form a coalition government to do just that. This was done while the government was projecting surpluses for the next three years, ignoring the fact that there was a real need. It obviously did not anticipate that there would be a job loss of 129,000 jobs in December. It did not recognize the need nor did it want the stimulus.

I am assuming that she was joining with us in saying that stimulus had to happen starting in December, not now or later. We intend to ensure that people understand that we were there to do just that. We are still ready to do just that but this is not the budget to do it with.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 11:50 a.m.
See context

Independent

Bill Casey Independent Cumberland—Colchester—Musquodoboit Valley, NS

Mr. Speaker, I would like to ask the member from Newfoundland a question about equalization. I know he is interested in this.

His province and my province of Nova Scotia were given the opportunity to have a different equalization formula as an option in the 2007 budget implementation speech. That option included a 3.5% escalator clause every year until 2020. The budget speech says that all equalization increases will be capped at the rate of overall growth of the economy, which is about zero percent. That contradicts the legislation that was passed just a little over a year ago that says that Nova Scotia and Newfoundland and Labrador have a 3.5% automatic cumulative escalator clause until 2020. I wonder if he is aware that that has been taken away now.

There is a contradiction. The words in the budget say that all equalization be capped, but the legislation says that Nova Scotia and Newfoundland and Labrador have a 3.5% increase every year, cumulative until 2020. Which will happen?

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 11:55 a.m.
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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I know the member has a great interest in that issue and has stood steadfast for truth, justice and the right thing to do despite some personal costs to himself. I congratulate him for that.

Unfortunately, I cannot answer for the government. The government says one thing and does another, as it did to Newfoundland and Labrador and Nova Scotia. These rules that it talked about were actually imposed on Newfoundland and Labrador and Nova Scotia. They were not agreed upon. Now that the rules work, whether in legislation or otherwise, to the benefit of these provinces, the government sets out the changes. These are not strictly equalization. These are designed to be offsets for natural resources.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 11:55 a.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I rise to oppose the budget because it does not address the serious problems that Canadians are facing.

Over the past 20 years, the NDP has brought into the House the point that for most families in Canada, their real income has decreased. We have had a slow and quiet economic crisis in our country. For 20 years, incomes have continued to fall for the middle-class, for the working-class, for the poorest of Canadians. They are earning less now than they were 20 years ago. The NDP has been pointing this out, yet the Liberals and Conservatives have simply refused to address any of the economic realities.

That crisis has continued and, more recent, has become a full-blown economic crisis, which shows that the economic policies of the past 20 years have certainly not worked and have not provided a foundation to withstand this full-blown economic crisis.

The Conservatives support corporate CEOs. They support banking CEOs. They support corporate lawyers. These are the only people Conservative members are really worried about. They are giving lots of money in corporate tax breaks to the profitable banking sector and to other profitable sectors. They say that they are addressing these economic fundamentals. At the NDP end of the House, which overflows on both sides of the aisle because of our recent increase in the number of seats, we fundamentally disagree.

When a worker in Chicoutimi is earning less now to keep a roof over his or her head than he or she was 20 years ago, that is a fundamental economic problem. When Alberta families see their farm receipts go down, that is an economic problem. In fact, Alberta farmers have had the worst level of farm receipts than farmers anywhere in the country. All Canadians should share these problems. When a softwood lumber worker is laid off because of the government's ill-thought out and irresponsible softwood lumber sell-out, that should concern Parliament.

For 20 years, we have been sleepwalking with right-wing economic policies, whether it has been Liberal government or Conservative government policies. Nothing has really changed. They are similar. It is very difficult to tell them apart. Conservative and Liberal speeches might be different, but on the fundamental economic issues those members have exactly the same approach.

While governments have been sleepwalking for 20 years, the NDP has been warning them that the problems would come to a head, and they now have. We have seen the collapse of our economy in many parts of the country. Thousands of jobs have been lost across the country in the softwood industry, after the softwood sell-out. In the last 90 days, a quarter of a million families have lost a breadwinner.

Each one of these individuals is not a statistic. They are real Canadians. They are real human beings who are suffering because of the absurdly ideological economic policies of the government, rather than putting into place sensible economic policies that would help families sustain jobs in our country.

I represent the riding of Burnaby—New Westminster, one of the epicentres of foolish Conservative and Liberal policies. The softwood lumber sell-out has led to the closure of three softwood mills in my riding and in my community. Hundreds of softwood workers lost their jobs because of the softwood sell-out. They can be added to the tens of thousands of Canadians across the country who have their job because we have no manufacturing policy in place, no real export policy in place, aside from an ideological rant around free trade, and no sectoral industrial strategies in place.

All of those foolish decisions, the deregulation that Conservatives and Liberals have put forward, have led to the crisis we are facing now.

Since we are not talking about statistics but real people, let me read an email I received from one of my constituents, talking about employment insurance. He says, “I'm a 49-year-old licensed heavy duty mechanic who recently got laid off in my line of work. I was at my local Canada Service Centre in Westminster this morning trying to fill out my reports for benefits”.

He talks about another older worker, a 60-year-old truck driver, who tried to electronically make an application for EI medical benefits. He has cancer in his eye. He has never used a computer in his life. The guy helping him had to leave him on his own. Later on in the email, he talks about it being virtually impossible to talk to a human being.

On top of all that, those workers, half of them being laid off, will be unable to access employment insurance. That is a fundamental tragedy. How Liberals and Conservatives could work together to pass a budget that does not give a single Canadian, of that quarter million who have lost their jobs in the last 90 days, access to employment insurance is a fundamental tragedy.

The budget does not help those Canadians. It does not provide a social safety net. It continues the gutting of the social safety net because successive governments, Liberal and Conservative, have favoured big banks and banking CEOs rather than those people on Main Street who pay their salaries. They has completely forgotten about ordinary Canadians. Shame on them.

The budget provides a smoke and mirrors approach to economic stimulus. Essentially, as we well know ,virtually all the money is tied funding. Taxpayers at a city and provincial levels have to cough up first before the government will provide any sort of economic stimulus.

Contrast that with President Obama in the United States, who is putting forward federal funding first. He is saying that, under the buy America act, it has to be spent on an American workers.

In Canada we have this ideological right-wing whacko theory that we cannot protect Canadian jobs and we cannot invest in Canadian workers. Any of the stimulus package that does come out will go to foreign firms, foreign workers. It is absurd.

Half of the taxpayers who have paid their taxes with diligence and who have paid for employment insurance for years in the worst economic crisis since the Great Depression of 1930s are essentially cut out of getting employment insurance. Whatever stimulus that grudgingly comes out of the government will go to support foreign workers overseas.

We certainly cannot trust the government for reasons that I do not need to go into. It said that it would not nominate senators and it has put 18 of them in the senate. It said that we would have fixed election dates. It broke that promise, too. The government is a serial promise-breaker.

If there is any funding that comes out, if it does not break the promise again, essentially that money will go to support foreign workers overseas. There is no buy Canada provision in place, unlike in the United States where it has put in place buy America provisions.

This is the real tragedy of the principle around this budget. Liberals, for the 50th time tonight, will prop up the Harper agenda, a right-wing agenda. Yet the Liberals have gall to go back to their constituents and pretend that somehow they are fighting that agenda. They are not. They are the major contributing party to the agenda. They are ones who, for 50th time, have allowed the government to continue many of the former right-wing Liberal policies, running roughshod over the lives and quality of life of ordinary Canadians.

What is in the budget? We are the only party that has read the budget implementation bill. We are the only party that brought it in. If Conservatives and Liberals have read the budget implementation bill, why are they in agreement with gutting environmental assessments?

Are they in agreement with gutting pay equity for women, essentially eliminating that right of the majority of Canadians to press for equal pay for work of equal value? Liberals are supporting the gutting of pay equity.

Foreign ownership will be increased, as set out in the bill. Canada student loans will be bludgeoned. Students who are highly in debt will be pursued by the government because of new powers. Collective agreements will be gutted.

For those reasons, we are voting against this act.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:05 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, my question is very straightforward. Since the weekend, I have heard from a number of constituents who do not understand one thing. It seems to them, and it certainly seems to me, that there are lot of non-monetary, non-money, parts to the bill.

Would the member like to make comment about why that would be? It is supposed to be a budget bill.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:05 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, the member is absolutely correct. Essentially, it is an attack on any sort of progressive legislation. It is an attack on collective agreements, ripping them up after the fact. It is an attack on students, creating new penalties around Canada's student loans when we know student debt levels are at record levels.

It allows unrestrained foreign takeovers of Canadian companies. We have seen how well that has worked with some of the so-called guarantees the government received, which are worth nothing. The government is basically saying, “Take over whatever is left that is in Canadian hands”.

It also attacks the principle of pay equity, a principle for which the New Democratic Party has long fought in the House, and we continue to press for that.

It is an attack on environmental assessments. How could anybody who has been involved with the environment simply allow the ripping up of environmental assessments? It is absurd.

However, the Liberals are supporting all of these polices. They will stand in the House and say that they are supporting the budget. They are propping the government for the 50th time. Then they will call for some broad principle and say that they are really opposed to all these right-wing measures, but they will vote for them anyway”.

Canadians should not be fooled. The Liberals and the Conservatives have the same agenda.

If we really want a progressive government, we will have to triple the NDP caucus again. In the next House the NDP will be able to provide the progressive leadership most Canadians seek.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:05 p.m.
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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Madam Speaker, I listened to the comments of the member for Burnaby—New Westminster. I want to acknowledge the member as being a master of righteous indignation. I appreciate the member's list of deficiencies of the current government, and I share those views. I agree with much of the critique of the budget. It could have been much better, and I would give it a C-. It was disappointing to see what was tabled.

The member talks about principles. Listening to all the speeches about the past 20 years, the past fall, and so on is all very interesting, but for people who has lost their jobs, it is not very relevant. The member's principles seems to be to oppose, no matter what. That was demonstrated when the NDP members stated they would oppose the budget well before it was written.

The choice is clear. Have laid off sawmill workers in his riding asked the member to make people wait for months for any assistance at this time, or would they prefer the member clear the way for immediate action to stimulate the economy, help people—

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:10 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

Order, please. I will give to give the member for Burnaby—New Westminster time to respond.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:10 p.m.
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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, that is the problem. We are the only party that actually read the budget implementation bill. We know that not a single additional Canadian will have access to employment insurance at a time when the number of employed is exploding, a quarter of million in the last 90 days alone. The Liberals are saying it is okay, that the unemployed sawmill worker in New Westminster does not have access to employment insurance. They do not care whether workers cannot feed their family or keep a roof over their head.

We disagree. We had an agreement and that agreement included substantial changes to employment insurance. This was the alternative that the new Liberal leader faced, and he betrayed Canadians by going with the Conservatives and their right-winged economic agenda.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:10 p.m.
See context

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Madam Speaker, I rise proudly today to oppose Bill C-10, the budget implementation bill.

It is quite interesting when one does a quick analysis of what has happened since the financial crisis hit, which is a huge indictment of a capitalist system run amok and now attempts are being made to salvage it by bills like this one and other attempts by other right-wing governments around the globe. It is so symptomatic of how the crisis came about. It was based hugely on greed, incompetence and corruption, particularly in the United States, but its tentacles have spread right across the globe. Because we in Canada are so integrated, part of the globalization formula which both major political parties in this country have advocated for so long, we got caught in the crisis and we are going to get caught in it even more. In spite of the Bank of Canada's prognostications, the reality is we have not hit bottom and we are still some distance from hitting bottom based on the way our economic system works.

We saw the government, both during the election and even more so after, continue to be in complete denial of the crisis we were faced with. That has not ended. The budget is a continuation of the government's psychological bent of refusing to recognize reality. It is living in a fantasy world and the budget reflects it.

It also reflects a good deal of cynicism on the part of the government. It follows the same pattern the Prime Minister personally has followed for so long in taking every opportunity to push his ideological right-wing agenda. We see it in this bill in so many ways. It is a continuation of his broken promises, as we have just heard from my colleague, whether it was in appointing people to the unelected Senate, which he promised so vehemently he would never do, or whether it was calling the election in the fall. I remember watching him a number of times give speeches in advance of making that decision, and in advance of fixing the dates for elections in this country, a policy our party has supported for a long time, and the vehemence with which he spoke, and then watching him breach that promise so easily at the first possible opportunity to pursue his own personal objective of trying to get a majority government. We see that continued in the budget.

The Prime Minister stood in this House and he stood before the cameras of all our TV channels, all of our media, and said that he was going to change, that he was going to stop having every single item, no matter how important, be a confidence vote. He was not going to do that anymore.

Then what do we see in Bill C-10? Buried in this bill, which of course is a confidence vote since it is the budget implementation bill, there are at least half a dozen items that have nothing to do with the budget. They are policy issues in a number of different ways, but they are items that the Prime Minister wants from an ideological standpoint. Whether it is attacking the labour movement in this country, or whether it is attacking women over pay equity, he has buried a whole bunch of provisions in this bill, which is now going to be a confidence vote, which compels the so-called official opposition to support it, given the pledges it has made.

This bill is going to go through at some point, unless the Liberals finally come to their senses and maybe stand on principle, but that seems to be a contradiction in terms when we are talking about the Liberal Party. Unless that happens, a bunch of bills will go through the House comprised in Bill C-10, which should not be confidence votes and we should be allowed to vote on those bills without that hanging over our heads. I do not think there is anything more offensive and I say that personally.

I remember watching the finance minister speak about pay equity in his November financial update. In terms of the tone, the words he used and even his body language, I was offended by the vehemence with which he was attacking women and the movement around pay equity that has gone on for decades and still has not completely resolved itself. Then at the next opportunity the government almost hides it in Bill C-10.

We listen to the President of the Treasury Board try to justify it by, quite frankly, as my colleague from Winnipeg said, misleading the House about the provisions in provincial legislation and claiming it is the same. It is not. It is nowhere close. The epitome of it is the government is saying it will get done through collective bargaining. It was interesting to hear my eloquent friend from Newfoundland and Labrador point out that human rights are not bargained. It is either a human right or it is not and it is not bargained. That is what the government is doing in trying to lead us to believe that is the mechanism it is going to use.

To put the lie to that, one only has to read the bill, and I invite the Conservatives to do that to understand what is really in it, if collective bargaining does not work and a number of women say they did not get their pay equity and they want to pursue it, there is a mechanism to pursue it, but their union, their organized support mechanism, cannot help them. In fact, if it tries to help them, it will be fined $50,000. For every incident it will be fined $50,000 for doing what it should be doing in terms of its responsibility vis-à-vis its membership. If that does not put a lie to the real intent of the government, I do not know what would.

Madam Speaker, are you signalling that my time is up?

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:15 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

No, I am concerned about the language. All hon. members in the House know that the word “lie” is inappropriate parliamentary language and I have just heard it repeated, so I was concerned.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:20 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

I think within the context, Madam Speaker, it was not unparliamentary, but I will go on to other items.

There could have been so many other things in the budget as opposed to trying to hide things. We have heard about the Navigable Waters Protection Act, the attack on the environmental movement, and all of what we have accomplished so far being undermined by that.

When I read that part of Bill C-10, the budget implementation bill, it immediately brought back a conversation I had with a public servant at the municipal level in my riding when I was doing the prebudget consultation work. I asked to be provided with a list of all the projects available if we could get a decent stimulus program going. I specifically asked whether these projects were ready to go, including if they needed an environmental assessment and if it had been done. He said to me in response, “Every single one of these has had an environmental assessment, if it is needed”. That is true generally with municipal projects across the country. Therefore, this provision is absolutely unnecessary. It is simply an attack.

I want to conclude by saying there is so much hypocrisy and ideology in this bill. The bottom line is there is not going to be an effective mechanism to stimulate the economy.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:20 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madam Speaker, the Conservatives continually tell us to read the bill and read the budget, but they certainly do not expect parliamentarians to do that, because if all parliamentarians read the budget bill, the vast majority of them would actually be appalled at what is in the bill.

I am particularly concerned about the attack on the Canadian Human Rights Act. What that has to do with the supposed economic stimulus package is clearly worthy of debate. It states specifically in the budget bill that an employer who has been found to be engaged in a discriminatory practice against women is now protected by all the legal weight in Canada. That is sitting right on page 388. It clearly lays out how employers who have been engaged in discriminatory practices are protected. It is not even a question; if they have, they are protected. Yet that is in a supposed budget implementation bill that is supposed to be addressing the biggest economic crisis since the 1930s.

I would like to ask the hon. member, how can it be that members of Parliament representing such diverse regions of Canada could sit in the House and allow the Canadian Human Rights Act to be so arbitrarily trashed in such an ideological fashion against women workers in this country?

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:20 p.m.
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NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Madam Speaker, the point my friend from Timmins—James Bay is raising is in keeping with the line I was making in terms of the ideological underpinnings that are quite obvious in the budget bill. I will extend that, because he has caught the point already that there is an attack on the Canadian Human Rights Commission.

In the justice committee there is a motion from the Conservatives, which has now been approved, for us to study that, with a clear indication from that side of the table that they want to gut the human rights legislation with regard specifically to section 13. There are reflections of that here.

Going back to that $50,000 fine, one of the areas one would want to access would be the Canadian Human Rights Commission if one were in a pay equity dispute with the government or one's employer. By making it impossible, in effect, to take that on as an individual, it is undermining the usefulness of the commission and the serious important role it plays in protecting human rights in this country.

Budget Implementation Act, 2009Government Orders

February 12th, 2009 / 12:20 p.m.
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NDP

Carol Hughes NDP Algoma—Manitoulin—Kapuskasing, ON

Mr. Speaker, I have a question for my hon. colleague from Windsor—Tecumseh.

International Women's Day is coming up in March. Yet this budget directly attacks pay equity, while women today already earn only about 71¢ for every dollar earned by a man.

What is more, we heard one of our colleagues say today that the NDP is not prepared to stand up for Canadians. But that is precisely what we do in the NDP: we stand up for what Canadians are really asking for.

Can my colleague comment on the impact this budget will have on pay equity for women?